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2025 DAILYLAW 129010 (ALL)

SMT. RANI THRU. HIS HUSBAND AJAY KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 5 OTHERS

HABC/86/2025 · 2025-04-01

Rajnish Kumar

body2025

Judgment text

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Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 86 of 2025 Petitioner :- Smt. Rani Thru. His Husband Ajay Kumar Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 5 Others Counsel for Petitioner :- Anil Kumar Nishad,Rajesh Kumar Dhuriya Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Supplementary affidavit filed today is taken on record. This Court had passed the following order on 21.03.2025:- "The learned A.G.A., on the basis of instructions, submits that the wife of the next friend of the detenue was reported missing from Police Station- Pitampur, District- Dham, Madhya Pradesh on 22.11.2024. A missing report no.43 was registered on 23.11.2024 at 22:22 hours in the Police Station- Pitampur, District- Dham, Madhya Pradesh. Learned counsel for the petitioner prays for and is granted a week's time to seek instructions in the matter. List on 01.04.2025 as fresh. " Shri Anil Kumar, learned counsel for the petitioner submits that the wife of the next friend of the detenue i.e. the detenue and their children had gone to the in-laws house in Village-Chain Ka Purwa, Police Station-Antu, District Pratapgarh on 25.11.2024 and they were missing since 22.11.2024 and missing report was lodged on 23.11.2024 at Police Station- Pithampur, District-Dhar, Madhya Pradesh. On 20.02.2025, the children have been handed over to the next friend of the petitioner after the written agreement dated 23.02.2025 between the next friend of the petitioner, his father and the father of the detenue. Learned counsel for the petitioner has produced photocopy of the said written agreement before this Court, which is taken on record. Per contra, learned A.G.A., on the basis of instructions, submits that the mother of the detenue has informed that the incident of missing of detenue is of District-Dhar, Madhya Pradesh, in regard to which the missing report was also lodged, and the children are with the husband of the detenue i.e. Ajay Kumar. He further submits that in view of above either the detenue is missing from Madhya Pradesh, therefore, this petition is not maintainable before this Court or there is some family dispute between the detenue and the next friend i.e. her husband and to get the same settled, this petition has been filed but there is no unlawful detention of the detenue. Even otherwise as per own averments of the petitioner, the detenue is with the respondent no. 6, who is a resident of Madhya Pradesh. At this stage, learned counsel for the petitioner submits that this petition may be dismissed as not pressed with liberty to avail the appropriate remedy as may be available as per law. To which there is no objection by learned A.G.A. In view of above, the petition is dismissed as not pressed with liberty as prayed for. Order Date :- 1.4.2025/Raj Digitally signed by :- RAJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench