RAMA DEVI THRU. HER DAUGHTER MRS. USHA DEVI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS
HABC/64/2025 · 2025-03-18
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 125671 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 125671 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:15739 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 64 of 2025 Petitioner :- Rama Devi Thru. Her Daughter Mrs. Usha Devi Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Ankit Mishra,Chaitanya Tiwari Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J.
1. Heard, learned counsel for the petitioner and learned A.G.A.
2. In deference to the order dated 28.02.2025, the detenue Ms. Rama Devi has been produced by S.I. Shri Ram Narayan Singh Parmar and lady Constable Ms. Mandvi Singh, P.S. Dahi, District- Unnao. 3. The daughter of detenue Ms. Usha Davi, who has filed this petition, is present, who identified that the lady produced by the aforesaid Police personnel is her mother. 4. Ms. Rama Devi stated before this Court that she has been beaten badly by Ms. Usha Devi, her daughter and thrown out of her house, therefore, she is residing with some other lady Ms. Seema in Shuklaganj, Unnao with her free will and consent and she does not want to go with her daughter Ms. Usha Devi as she is happy at the place where she is residing. She further stated that her most of the properties except the house has been got sold by her daughter and she has also kept the money came from sale. Her house has been locked by her daughter. She categorically stated in the Court before the learned counsel for the petitioner and next friend Ms. Usha Devi that she does not want to live with her daughter and she is living with her own free will and consent, from where she has been brought. 5. In view of above, this habeas corpus writ petition has been filed on misconceived and baseless grounds, which is not maintainable as in view of statement of the detenue, who is major, she is not in illegal detention. 6. This habeas corpus writ petition is, accordingly, dismissed. 7. The money deposited by the petitioner for the production of detenue in pursuance of the order dated 28.02.2025 shall be released and paid to the detenue in accordance with law. 8. The Police personnel, who have brought the detenue, shall drop her at the place from where she has been brought, safely.
...................................................................(Rajnish Kumar, J.) Order Date :- 18.3.2025 Haseen U.
Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench