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2025 DAILYLAW 135348 (ALL)

ANSHU MISHRA THRU. HER HUSBAND GAURAV SINGH v. STATE OF U.P. THRU. ADDL. PRIN. SECY. HOME LKO AND 4 OTHERS

/96/2024 · 2025-01-08

Mohd Faiz Alam Khan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1289 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 96 of 2024 Petitioner :- Anshu Mishra Thru. Her Husband Gaurav Singh Respondent :- State Of U.P. Thru. Addl. Prin. Secy. Home Lko And 4 Others Counsel for Petitioner :- Tarun Mishra,Ashutosh Kumar Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. None is present for the petitioner when the case is taken up for hearing while learned A.G.A. is available. No request for adjournment has either been made by learned counsel for the petitioner. 2. This habeas corpus petition has been filed with the prayer to direct the respondent nos.2 to 4 to produce the petitioner before this Court and may be set at her liberty from the illegal confinement of the respondent no.5. 3. Perusal of the record would reveal that vide order dated 29.04.2024, on an undertaking given by the next friend - Gaurav Singh to deposit Rs.30,000/-, he was directed to deposit Rs.30,000/- with the Senior Registrar of this Bench within a week and thereafter it was made obligatory for learned A.G.A. to procure a report from the concerned police station. It appears and is also evident from the report of the office that the money as undertaken by the next friend - Gaurav Singh has not been deposited yet. 4. During the course of deliberations, learned A.G.A. has placed before this Court a report submitted by the Police Station Fatanpur, District Pratapgarh. Perusal of this report would suggest that though the detenue could not be traced as his family members were not available at their residence, however, the Station House Officer, Police Station Fatanpur, Pratapgarh had contacted the detenue through video call whereon the detenue informed the Station House Officer concerned that she is living with her parents with her free wish and will and she does not want to reside with the next friend - Gaurav Singh. The said instructions are taken on record. 5. Keeping in view the fact that the order of this Court of date 29.04.2024 has not been complied by the petitioner and also having an eye on the fact that he is not represented today by his counsel and also the fact that in the report submitted by the concerned police station, it is stated that the detenue is living with her parents with her free wish and will, the instant petition appears to have lost its efficacy and thus is dismissed as such. 6. It is provided that if the petitioner feels aggrieved by this order, he can move an appropriate application recall of this order. Order Date :- 8.1.2025 Anupam S/- Digitally signed by :- ANUPAM SINGH PATEL High Court of Judicature at Allahabad, Lucknow Bench