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2025 DAILYLAW 139557 (ALL)

MS. RIYA PATWA THRU. HER NEXT FRIEND ASHISH YAGYASAINI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 4 OTHERS

HABC/169/2025 · 2025-07-07

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38318 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 169 of 2025 Petitioner :- Ms. Riya Patwa Thru. Her Next Friend Ashish Yagyasaini Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 4 Others Counsel for Petitioner :- Gaurav Kumar,Saurabh Tiwari Counsel for Respondent :- G.A.,Dhananjai Kumar Tripathi,Kajol,Tanupriya Hon'ble Saurabh Lavania,J. Heard. Detenue-Ms. Riya Patwa is present before this Court and has been identified by Sri Dhananjai Kumar Tripathi, Advocate, who says that father of the detenue namely Rajendra Kumar is also present before this Court. The affidavit filed by Detenue-Ms. Riya Patwa singed by Sri Dhananjai Kumar Tripathi, Advocate is taken on record. Para 2 to 6 of the same being relevant are extracted hereinunder:- "2. That above noted writ petition has been filed by Asish Yagyasaini claiming the next friend of detenue and it is clear here that there is no any relationship of detenue with the Asish Yagyasaini. 3. That according to high school mark sheet date of birth of detenue 01.01.2003 and now she is major and she is happy with her parents, there is no any danger of life of detenue from her parents. A copy of High School mark sheet is being annexed herewith as Annexure SA-1 to this affidavit. 4. That it is also relevant to mention here that she is not detain by any one and she is living peacefully with her parents no any physical or mental violence committed by parents of detenue with her. 5. That there is no any threat given by the parents to the detenue and now she wants to live with her parents under their guardianship. 6. That now detenue is happy with her parents and she will perform her marriage with the choice of her parents and she will not keep any relationship with Asish Yagyasaini in future. After taking note of paras, quoted above, this Court put a query to Detenue-Ms. Riya Patwa, who in response, stated before this Court that she has signed the affidavit under compulsion and the averments so made are not correct and she wants to live with her next friend Ashish Yagyasaini. She further stated that she has solemnized the marriage with her next friend Ashish Yagyasaini. From para 8 of the supplementary affidavit sworned by Ashish Yagyasaini dated 21.05.2025, it appears that the marriage was solemnised on 03.02.2025 at Mari Mata Temple, Eidgaah Road, Nanpara, Bahraich. In view of aforesaid facts and circumstances of the case, this Court finds is of the view that present petition is liable to be allowed. It is accordingly allowed. Detenue-Ms. Riya Patwa is set free to live with her next Friend Ashish Yagyasaini. S.H.O., P.S.-Nanpara, District-Bahraich is directed to protect the interest of the Detenue-Ms. Riya Patwa. Next Friend Ashish Yagyasaini is also directed to make fixed deposit to the tune of Rs. 2 lakhs in the name of Detenue-Ms. Riya Patwa within four days. Learned AGA is directed to communicate this order to the S.H.O., P.S.-Nanpara, District-Bahraich. Order Date :- 7.7.2025 Vinay/- Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench