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2025 DAILYLAW 139825 (ALL)

FATIMA THRU. HER NEXT FRIEND/HUSBAND SRI MOHAMMAD UMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO. AND 4 OTHERS

HABC/170/2025 · 2025-06-10

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35106 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 170 of 2025 Petitioner :- Fatima Thru. Her Next Friend/Husband Sri Mohammad Umar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 4 Others Counsel for Petitioner :- Shiv Sharan Singh Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. On 28.05.2025, following order was passed: "As per Office Report, the notice has been delivered to address i.e. respondent no. 5, however, none has put in appearance. Shri S. P. Tiwari, on the basis of instructions, submits that on account of family dispute, alleged detenue is residing with her two children separately in rented accommodation. He also, on the basis of instructions, submits that the petitioner had made an application for lodging an FIR, however, on account of family dispute, the FIR has not been lodged but he failed to indicate as to whether the detenue is residing with the respondent no. 4 or not. He further submits that the deponent had gone to the police station on 18.04.2025, whereas on account of family dispute, he had also made another application to not press the earlier application for lodging FIR. Learned counsel for the petitioner, on the basis of instructions from the deponent, who is present in Court, does not dispute that the deponent had gone to the Police Station on 18.04.2025, however, he submits that by pressuring the deponent, some blank papers were got signed by the police, on which the application might have been made. He further submits that learned AGA could not point out as to whether the detenue is residing with the respondent no. 4 or not, therefore, he prays that the detenue may be summoned to know her wish. In view of above, the detenue shall appear-in-person on the next date. The Station House Officer concerned shall ensure the presence of the detneue on the next date. Learned AGA shall communicate the order to the Station House Officer concerned. List on the 10.06.2025. " 2. In pursuance of earlier order, detenue- Mrs. Falima W/o Mohd. Umar, R/o Village- Narharpur, Post-Sarora, P.S.- Sairpur, District- Lucknow is present along with Shri Sandeep Mishra, Sub-Inspector, P.S.- Saipur, District- Lucknow. 3. Detenue has categorically stated that after quarrel, she left the house of her husband on her own and presently, she is living in a rented room and working as a sweeper in Sewa Hospital, Lucknow. She has further stated that she does not want to join the company of her husband (deponent of the present case). 4. Considering the submission of detenue- Mrs. Fatime, I am of the view that the present petition is misconceived and liable to be dismissed. 5. Accordingly, the present petition is hereby dismissed. Order Date :- 10.6.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench