PRIYANKA JAISWAL AND ANOTHER v. STATE OF UTTAR PRADESH AND 9 OTHERS
HABC/99/2025 · 2025-05-14
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16208 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16208 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80584 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 99 of 2025 Petitioner :- Priyanka Jaiswal And Another Respondent :- State Of Uttar Pradesh And 9 Others Counsel for Petitioner :- Brajesh Kesarwani,Surendra Kumar Jaiswal Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Personal affidavit on behalf of the Commissioner of Police, Commissionerate Prayagraj has been filed by the learned AGA which is taken on record. Heard learned counsel for the petitioners, learned counsel for the respondent nos. 6 to 10, learned AGA for the State and perused the record. Pursuant to the order dated 15.04.2025 the petitioner, Priyanka Jaiswal (wife of the corpus) and respondent nos. 5, 6 and 7 are present in person. According to the personal affidavit filed by Commissioner of Police, Commissionerate Prayagraj, a missing report has already been lodged regarding missing of the corpus, husband petitioner no. 2, Rinku Jaiswal and in Criminal Misc. Writ Petition No. 21128 of 2024 the Commissioner of Police, Prayagraj was
directed to take necessary steps to recover the corpus. However, all efforts are being made to trace the whereabouts of the corpus. From the perusal of records, it appears that the respondents are the parents and siblings of the corpus and have lodged aforesaid missing report and have no occasion to illegally detain the corpus. As such, the petition has no merit and is accordingly, dismissed. However, on the query being raised to the petitioner wife, Priyanka Jaiswal she states that soon before she gave birth to a female child, her husband (corpus) went missing and she is helpless and desperate. Accordingly, it is provided that the petitioner, Priyanka Jaiswal and her tender daughter shall continue to reside at her matrimonial home along with her in-laws as per her convenience, maintaining cordial relationship with her in-laws. With the aforesaid direction, the present Habeas Corpus petition is disposed of.
Order Date :- 15.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad