DESH DEEPAK THRU. HIS WIFE SMT. SUMAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 6 OTHERS
HABC/363/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168307 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168307 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 363 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Lalji Prasad Shukla, learned counsel for the petitioner, and Shri Avishesh Kumar Singh, learned Additional Government Advocate, and perused the material available on record.
2. The present Habeas Corpus writ petition has been filed on behalf of a 35-year-old alleged detenue Desh Deepak through his wife, Smt. Suman, stating that the detenue has been detained by the opposite party Nos. 4 to 7, who are his family members. Learned counsel for the petitioner has stated that the petitioner had lodged FIR No. 292 of 2022 in PS Kotwali, District Sitapur, for offences under Section 3/4, Dowry Prohibition Act, and Sections 506 and 498A IPC against her husband Desh Deepak and opposite party Nos. 2 to 5, alleging harassment for demanding dowry. The opposite party No. 4 has lodged a missing person report on 22/05/2025, stating that Desh Deepak has gone missing since 20/05/2025. Learned counsel for the petitioner has also submitted that Smt. Suman has filed a complaint under section 12 of the Protection of Women from Domestic Violence Act, 2005, in the court of Additional Chief Judicial Magistrate- II, Sitapur.
3. From the aforesaid facts, it appears that there is a matrimonial dispute between the parties, regarding which the wife has filed an FIR against her husband way back in the year 2022. In these circumstances, the allegation of her husband being illegally detained by his family members appears to be baseless. It appears that the present writ petition seeking issuance of a Versus Counsel for Petitioner(s) : Lalji Prasad Shukla Counsel for Respondent(s) : G.A. Desh Deepak Thru. His Wife Smt. Suman .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 6 Others .....Respondent(s)
writ of habeas corpus has been filed with an ulterior motive to gain advantage in other pending cases, which amounts to an abuse of the process of law. Accordingly, the writ petition is dismissed with a cost of rupees 10,000/- (Ten Thousand only).
4. Dismissal of the writ petition will not affect the decision of other pending litigations between the parties on its merits. September 26, 2025 A.Nigam HABC No. 363 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench