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2025 DAILYLAW 168472 (ALL)

ANEES ABDUL SHEIKH THRU. HER WIFE SAMA BDUL v. STATE OF U.P. THRU. PRIN. SECY. (HOME) LKO. AND OTHERS

HABC/369/2025 · 2025-10-09

Abdhesh Kumar Chaudhary, Abdul Moin

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 369 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE ABDHESH KUMAR CHAUDHARY, J. 1. Supplementary affidavit filed today in Court by the learned counsel for the petitioner be kept on record. 2. Heard learned counsel for the petitioner and Sri G.D. Bhatt, learned counsel appearing on behalf of the State-respondents. 3. Instant petition in the nature of Habeas Corpus has been filed against the respondents to produce the corpus of the petitioner/detenue before this Court and other detenues namely Arif Sheik, Aalim, Shoiab Sheikh, Rashid and Rahul Gpta before this Court and to release them from their illegal detention. 4. Contention of learned counsel for the petitioner is that the petitioner has been taken away by the police on 23.09.2025 along with three other persons and despite passage of more than forty eight hours, none of the persons including the husband of the petitioner had been produced before the concerned learned Magistrate as mandatory under Article 22 (2) of the Constitution of India and Section 57 of the B.N.S.S. 5. Sri Bhatt, learned AGA on the basis of instructions sent by In-charge Inspector, Police Station- Kotwali Khalilabad District- Sant Kabir Nagar dated 08.10.2025 states that the petitioner has been arrested in pursuance to the First Information Report dated 14.09.2025 in Case Crime No. 0839 of 2025 under Sections 331 (4) & 305 (a) of B.N.S, 2023. Versus Counsel for Petitioner(s) : Akhil Kumar Singh, Gyanendra Pratap Yadav Counsel for Respondent(s) : G.A. Anees Abdul Sheikh Thru. Her Wife Sama Bdul .....Petitioner(s) State Of U.P. Thru. Prin. Secy. (Home) Lko. And Others .....Respondent(s) 6. Considering the aforesaid, it is apparent that the petitioner has been arrested in pursuance to the aforesaid First Information Report. Consequently, it cannot be said that the petitioner has been arrested by the police unnecessarily. 7. Keeping in view the aforesaid discussion, the writ petition is dismissed leaving it open to the petitioner to pursue other remedies as may be available to her. October 9, 2025 Pachhere/- HABC No. 369 of 2025 2 (Abdhesh Kumar Chaudhary,J.) (Abdul Moin,J.) Digitally signed by :- SATYENDRA SINGH PACHHERE High Court of Judicature at Allahabad, Lucknow Bench