Neutral Citation No. - 2025:AHC-LKO:35775 Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 227 of 2025 Petitioner :- Ms. Laxmi Sharma Thru. Her Next Friend And Father, Shyam Prakash And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 6 Others Counsel for Petitioner :- Harsh Vardhan Kediya,Sheeran Mohiuddin Alavi,Snigdha Singh 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. The instant petition has been filed by the petitioner praying as under:- "Issue an appropriate writ, order or direction in the nature of Habeas Corpus directing the respondents to immediately produce the petitioners, who are, to the best of the petitioners' father's knowledge, presently in the illegal and wrongful custody of the private respondents, before this Hon'ble Court." 3. Learned counsel for the petitioners submits that the father of the petitioners had solemnised marriage with Moni in the year 2004 and out of their wedlock, four children, namely, Laxmi, Divya, Kavya (three daughters) and Shiva (son) were born. It is further submitted that Zeeshan s/o Sultan and private respondents are co-villagers and Zeeshan enticed away minor daughter of Shyam Prakash/deponent, namely, Laxmi, as a result, F.I.R. No. 482 of 2022 u/s 363, 366, 342 I.P.C. was lodged at Police Station- Sandi, District- Hardoi on 12.12.2022 against Zeeshan and Sufiyan, and Zeeshan was arrested, and the charge-sheet was submitted by the Investigating Officer in the aforesaid case, thereafter, Zeeshan was enlarged on bail by this Court. It is next submitted that the minor daughter of Shyam Prakash was again taken away, as a result, F.I.R. No. 95 of 2025 was lodged under Sections 137(2), 87 B.N.S. at Police Station- Gomti Nagar Vistar, District- Lucknow on 20.05.2025 against Zeeshan, thereafter, he was arrested and he is in custody. Moreover, the minor daughter was allured by the private respondents (family members of Zeeshan) and she left her house along with second minor daughter, namely, Divya @ Saraswati on 04.06.2025, as a result, F.I.R. No. 109 of 2025 was lodged under Section 137(2) B.N.S. at Police Station- Gomti Nagar Vistar, District- Lucknow on 04.06.2025. It is also submitted that two minor daughters of the deponent are in custody of father of Zeeshan, namely, Sultan r/o Village- Tebhnapur, Police Station- Sandi, District- Hardoi, but the police is not taking action against the accused person, hence, indulgence of this Court is required. 4. Learned A.G.A. vehemently opposes the prayer of the petitioners and submits that the allegation of elopement/abduction of minor daughters is against the accused persons and admittedly, the investigation is going on, therefore, Habeas Corpus Writ Petition is not maintainable. 5. Considering the submissions of learned counsel for the parties and going through the contents of the petition as well as other relevant material, it is evident that daughters of the deponent were eloped/abducted by the alleged accused persons and Zeeshan, one of the named accused persons, is in Jail. It is also evident that one more F.I.R. was lodged for elopement/abduction of daughters of the deponent. The investigation is still pending and recovery of the victim is a subject matter of the investigation. Thus, this Habeas Corpus Writ Petition is clear abuse of legal provisions, accordingly, the same is dismissed. 6. However, it is open to the petitioners to move application before Director General of Police, Lucknow, U.P. In case any such application is moved, it is expected that grievance of the petitioners shall be ventilated. Order Date :- 18.6.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench