ACCHELAL THRU. HER DAUGHTER AND PAIROKAR AMBIKADEVI SURESH KUMAR BHASKAR AND ANOTHER v. STATE OF U.P. THRU. SECY. HOME, LUCKNOW AND 3 OTHERS
HABC/87/2025 · 2025-04-02
Rajnish Kumar
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 129004 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 129004 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 87 of 2025 Petitioner :- Acchelal Thru. Her Daughter And Pairokar Ambikadevi Suresh Kumar Bhaskar And Another Respondent :- State Of U.P. Thru. Secy. Home, Lucknow And 3 Others Counsel for Petitioner :- Dinesh Kumar,Neeraj Pal Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Heard. This Court passed the following order on 20.03.2025:-
"Sri Dinesh Kumar, learned counsel for the petitioners submits that the petitioners are the parents of the deponent. They have been forcibly kept by the neighbours and the depondent is also not being allowed to meet her parents. Sri Shiv Prakash Tiwari, learned AGA, on the basis of instructions, submits that on the application moved by the deponent, the matter was enquired and the alleged detenues i.e petitioner no.1 and his wife are residing with the nephews and they are looking after them. It has further been informed by the petitioner no.1 that he has also executed a Will Deed in favour of the nephews. He has given the written statement to this effect, a photocopy of which has been produced before this Court. Let the original of the same be filed by the next date by the learned AGA. List on 24.03.2025 as fresh. " On 24.03.2025, on the basis of instructions of learned A.G.A., the following order was passed:-
"Heard learned counsel for the petitioner and learned A.G.A. for the State. Learned A.G.A. for the State has produced an original statement dated 23.03.2025 given by the detenue in which he has admitted that he is residing happily with his nephew and he has also executed a will deed in his favour. He has further submitted that detenue has stated that he was ready to appear before this Court and inform this Court about the will deed executed in favour of his nephew. In view of the above, let the detenue be produced before this Court by the Station House Officer concerned on the next date. It shall also be informed to the detenue that he shall bring and produce before this Court the will deed executed in favour of his nephew. List this case on 02.04.2025. "
In deference to the aforesaid order passed by this Court, the alleged detenue-Shri Acchelal son of Dhodai and Smt. Gulaicha wife of Acchelal have been produced by Shri J.S. Raghuvanshi, Sub-Inspector and Ms.
Archana Singh, Lady Constable, Police Station-Baskhari, District-Ambedkar Nagar. They have been identified by them as well as their daughter Ms. Ambika Devi wife of Suresh, who is present in Court along with her counsel Shri Neeraj Pal, learned counsel for the petitioner, who identified her. On a query being put by this Court, they specifically stated that they are residing in their ancestral house and the nephew is also residing in the same house and no restrictions on them have been imposed by their nephew. They stated that they are residing with their free will in their house and they are happy there. The alleged detenue Shri Acchelal son of Dhodai stated that he has executed a will in favour of his nephew in regard to which the alleged detenue no. 2-Smt. Gulaicha wife of Acchelal stated that the will has been executed by her husband in her absence, therefore, she cannot say anything about it at this stage. However, it is noticed that the alleged detenue no. 1 Sri Acchelal son of Dhodai has difficulty in hearing and understanding the queries as he could understand the queries after the same was explained by learned A.G.A. in loud voice. In view of above, it is apparent that the alleged detenues are not in unlawful detention of their nephew and they are residing in their ancestral house as per their free will. Thus, this Habeas Corpus petition has been filed on misconceived and baseless grounds. Dismissed accordingly. The police personnel, who have brought the alleged detenues, shall leave them at the place from where they have brought them, safely. Order Date :- 2.4.2025 Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench