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2025 DAILYLAW 126787 (ALL)

SHIVANGI AWASTHI ALIAS SHIVANGI, THRU. HER HUSBAND MR. SHIV MOHAN SINGH ALIAS DEEPANSHU v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS

HABC/73/2025 · 2025-03-07

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:14020 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 73 of 2025 Petitioner :- Shivangi Awasthi Alias Shivangi, Thru. Her Husband Mr. Shiv Mohan Singh Alias Deepanshu Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others Counsel for Petitioner :- Haridhwar Singh Kushwaha,Pawan Kumar Yadav,Vinod Kumar Maurya Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Sri Ajay Kumar Shukla, Advocate on behalf of the respondent no.4 is taken on record. 2. On 4.3.2025, following order was passed :- 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. The present petition is filed with the following prayer :- Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party no.2 & 3 to set free the detenue petitioner namely Shivangi Awasthi @ Shivangi who has been illegally detained by the opposite party no.4 & 5 with malicious intentions to grab the property of the detenue petitioner and to get the detenue petitioner to have an abortion and she may be set free to lead her life according to her own wishes. 3. Learned counsel for the petitioner submits that father of the detenue died on 11.10.2022 and she was residing with her mother and two sisters alongwith private respondents who are cousin brothers. He further submits that property of the detenue was mutated in the name of deponent as well as other sisters and mother, as a result, private respondents were victimizing the detenue. He also submits that detenue entered into marriage with the deponent on 5.3.2023 and their marriage was registered in the office of Marriage Registrar on 17.3.2023, thereafter, F.I.R. No.80/2023 under Section 366 I.P.C., Police Station Hasanganj, Unnao was lodged on the instance of private respondents by mother of the detenue. During the course of investigation, the statement of the detenue was recorded under Sections 161 as well as 164 Cr.P.C. and in her statement before the Magistrate, she categorically stated that she entered into marriage and willing to live with her husband/deponent, she also stated that her cousin brothers are giving life threat. Learned counsel for the petitioner submits that detenue is carrying pregnancy of five months but on the influence of private respondents, Supurdagi of detenue was given to them by the police without any authority of law on 20.1.2025 and thereafter, sale deed was obtained by the private respondents forcibly from the detenue on 4.2.2025 and since then she has been detained, therefore, indulgence of this Court is necessary. 4. List this case on 7.3.2025. 5. The Superintendent of Police, Unnao and S.H.O., Police Station Hasanganj, District Unnao are directed to ensure the production of detenue, Shivangi Awasthi, d/o Late Rajjan Lal Awasthi w/o Shiv Mohan Singh r/o Sahijana Jargar, Post Office Hedrabad, Police Station & Tehsil Hasanganj, District Unnao, before this Court and also inform to the private respondent no.4 & 5 about the next date of listing. 3. In pursuance of aforesaid direction, detenue is produced before this Court by Mr. Uma Kant, Sub Inspector and Ms. Poonam Pal, Lady Constable, Police Station Hasanganj, District Unnao. 4. The detenue present before this Court categorically stated that she was being victimized by the deponent, as as result, on the basis of intervention of the family members and the police, she was allowed to join the company of her mother and she is happily residing there. 5. Considering the submissions of learned counsel for the parties and going through the contents of the statement of detenue, no case for interference is made out, accordingly, the present writ petition is misconceived and same is hereby, dismissed. Order Date :- 7.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench