KARTIK THRU. HIS MOTHER SMT. ANSHIKA SINGH v. STATE OF U.P. THRU. SECY. HOME LKO AND 4 OTHERS
HABC/366/2024 · 2025-02-17
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169461 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169461 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:10170 Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 366 of 2024 Petitioner :- Kartik Thru. His Mother Smt. Anshika Singh Respondent :- State Of U.P. Thru. Secy. Home Lko And 4 Others Counsel for Petitioner :- Shiv Kumar Vishwakarma,Apoorv Dev,Ashish Kumar Verma,Najmul Hasan Qudwai Counsel for Respondent :- G.A.,Ashutosh Chaubey,Prabhat Kumar Singh,Prashant Kumar Singh Hon'ble Rajeev Singh,J.
1. Heard.
2. The instant petition is filed by the petitioner seeking following reliefs:-
"Issue a writ, order or direction in the nature of Habeas Corpus to respondent nos.2 and 3 for producing the corpus of the detenue before this Hon'ble Court, from the illegal detention of respondent nos.4 and 5, so that the detenue may be set free as per her own will, as the respondent nos.4 and 5 have kept the detenue in an illegal detention only for the sake of their fake social respect."
3. In pursuance of the earlier order dated 04.12.2024, the deponent is present today before this Court. She informs that the detenue is in her custody and she is wife of Kuldeep Yadav r/o Badlepur, Sariya Bharthi, Sultanpur, U.P.
4. Learned counsel for respondent no.4 submits that the deponent tried to mislead the Court by making incorrect facts and the application dated 20.12.2024 filed u/s 379 B.N.S.S. may be decided.
5. It is evident from the contents of the aforesaid application that several factual aspects, as mentioned, cannot be decided in the habeas corpus petition. Accordingly, this application is misconceived and the same is hereby rejected.
6. It is also evident that presently, the detenue is in the custody of mother. Therefore, this Court is of the view that this petition has lost its efficacy, accordingly, the same is dismissed. Order Date :- 17.2.2025 Arpan Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench