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2025 DAILYLAW 16610 (UTT)

SUMIT CHAUDHARY v. STATE OF UTTARAKHAND

HABC/36/2025 · 2025-12-16

Manoj Kumar Tiwari, Subhash Upadhyay

body2025

Judgment text

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2025:UHC:11230-DB HIGH COURT OF UTTARAKHAND AT NAINITAL HON’BLE JUSTICE SRI MANOJ KUMAR TIWARI AND HON’BLE JUSTICE SRI SUBHASH UPADHYAY 16 December, 2025 HABC No.36 of 2025 Sumit Chaudhary ----Petitioner Versus State of Uttarakhand & Others ----Respondents -------------------------------------------------------------------- Presence:- Ms. Nipush Mola Joshi and Mr. Rohit Kumar, learned counsel for the petitioner. Mr. J.S. Virk, learned Deputy Advocate General with Mr. Rakesh Kumar Joshi, learned Brief Holder for the State Mr. Yogesh Upadhyay, learned counsel for respondent nos.4 to 6 and the Corpus (Sakshi). -------------------------------------------------------------------- The Court made the following: JUDGMENT: (per Hon’ble Justice Sri Manoj Kumar Tiwari) 1. Petitioner has filed this habeas corpus petition seeking a direction to the police authorities to produce the Corpus Sakshi Chadhary, who was reported to be in the custody of respondent nos.4 to 6. 2. Pursuant to the direction issued by this Court, the Corpus is produced in Court by Sub Inspector Santosh Devrani, P.S. Jaspur, District Udham Singh Nagar accompanied by lady constable Seema. The Corpus, however, states that she is not interested in 1 2025:UHC:11230-DB joining the company of the petitioner and she has also filed a suit for cancellation of the marriage certificate, which is pending before Principal Judge, Family Court, Kashipur. She further made a statement that she was not in her senses at the time when her marriage was allegedly performed with the petitioner. 3. In view of the statement made by the Corpus, no further orders are needed. Accordingly, the habeas corpus petition is disposed of. _______________________________ MANOJ KUMAR TIWARI, J. ____________________________ SUBHASH UPADHYAY, J. Dt: 16.12.2025 Rajni 2