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2025 DAILYLAW 142854 (ALL)

GYANWATI THRU. HER HUSBAND SRI RAMDEEN v. STATE OF U.P. THRU. ITS PRIN. SECY. DEPTT. OF HOME LKO. AND 3 OTHERS

HABC/197/2025 · 2025-06-09

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:35080 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 197 of 2025 Petitioner :- Gyanwati Thru. Her Husband Sri Ramdeen Respondent :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home Lko. And 3 Others Counsel for Petitioner :- Awaneesh Yadav Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. On 29.5.2025, following order was passed :- Sri Awaneesh Yadav, learned counsel for the petitioner submits that the detenue was missing from 19.05.2025 at 3:00 p.m. therefore the F.I.R.bearing No.02111 of 2025 on 21.05.2025 was lodged by the petitioner under Section 143 of the B.N.S. However, subsequently on 23.05.2025, the respondent no.4 made a call to the petitioner from mobile no.9170139815 and informed to the petitioner that the detenue is in his custody and threatened to the petitioner if he would inform to the police, then the detenue will face serious consequences. He further submits that the detenue and the deponent are husband and wife and they have two children and the children are with the detenue. He further submits that after the aforesaid telephonic call, the deponent had informed to the police station Ram Sanehi Ghat but they have not taken any action in this regard. Sri S.P. Tiwari, learned AGA on the basis of instructions submits that after lodging of the F.I.R., the matter is being investigated and the location of the detenue has been shown in Gujarat, therefore ten days may be granted to search the detenue. Issue notice to the respondent no.4 through RPAD. Steps to be taken within 24 hours. Learned SHO concerned shall inform to the respondent no.4 about the date fixed in the matter. The detenue shall be produced on the next date. The concerned SHO shall ensure presence of the detenue on the next date, for which learned AGA shall inform to the concerned SHO. List on 09.06.2025. 3. In pursuance of aforesaid order, the alleged detenue, Smt. Gyanwati W/o Ramdeen D/o Ramkumar, R/o Village Pure Bahadur, Post Shukul Bazar, District Amethi (Aadhar No.286350482153) is present alongwith Mr. Vishnu Kumar Sharma, S.I. & Ms. Neha Verma, Lady Constable, Police Station Ramsanehighat, District Barabanki. 4. The detenue, Smt. Gyanwati stated that her marriage was solemnized with Ramdeen S/o Ram Chander r/o Pure Shuklan, Majre Hatthouda Ram Sanehi Ghat, Barabanki on 6.3.2019 and out of their wedlock, two children were born, one aged about five year and another aged about one year. She also stated that on 19.5.2025 quarrel was taken place, as a result, she left her house on her own leaving two children and joined the company of Ashish S/o Gayaprasad r/o Village Pure Bahadur, Post Shukul Bazar, District Amethi (Adhaar Card No.738640020002 & Mobile No.7567933309) and started living with him at Ahmedabad. She further stated that she does not want to join the company of her husband Ramdeen and willing to live with Ashish. 5. Considering the aforesaid facts and going through the contents of the writ petition, statement of detenue, Gyanwati, it is evident that detenue has left her husband on her own and wants to join the company of Ashish, therefore, present writ of habeas corpus is misconceived and is accordingly, dismissed. 6. Presence of the officers is hereby dispensed with. Order Date :- 9.6.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench