SMT. AFAREEN THRU. HER HUSBAND TUFEL AHMAD v. STATE OF U.P. THRU. SECY. HOME DEPTT. AND 4 OTHERS
HABC/379/2024 · 2025-03-07
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 169854 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 169854 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 13 Case :- HABEAS CORPUS WRIT PETITION No. - 379 of 2024 Petitioner :- Smt. Afareen Thru. Her Husband Tufel Ahmad Respondent :- State Of U.P. Thru. Secy. Home Deptt. And 4 Others Counsel for Petitioner :- Shri Prakash Verma,Pinki Devi Counsel for Respondent :- G.A. Hon'ble Rajeev Singh,J.
1. Heard.
2. On 17.12.2024, 23.1.2025, following orders were passed :- 17.12.2024
Learned Counsel for the petitioner submitted that the detenue is wife of the petitioner and has been illegally detained by opposite party no.
5. Considering the facts of the case, let notice be issued to opposite party no. 5. Steps be taken within seven working days. List this case on 23.01.2025 as fresh. Let detenue/Smt. Afareen, be produced before this Court on the next date of listing by S.H.O. Police Station Kotwali Nagar, District Fatehpur. On the next date, a draft amounting to Rs. 40,000/- would be provided to the detenue/Smt. Afareen by the petitioner, before this Court, as stated
by
learned
Counsel
for
the
petitioner.
S.H.O., Police Station Kotwali Nagar, District Fatehpur shall ensure the compliance of this order. Learned AGA is directed to communicate this order to the S.H.O. concerned. 23.1.2025
1. It is informed by learned A.G.A. that due to inadvertent mistake the
order dated 17.12.2024 could not be communicated to the S.H.O. of Police Station Kotwali Nagar, District Fatehpur and it is in this background the detenue, namely, Smt. Afareen could not be produced before this Court today.
2. Learned counsel for the petitioner submits that in compliance of the earlier order of this case, a demand draft of Rs. 40,000/- has been prepared in the name of alleged detenue. A copy of the demand draft is produced before this Court for perusal and the same is taken on record.
3. Thus, it is directed that the demand draft of date 21.01.2025 pertaining to the State Bank of India in original, bearing S.L. No. 185704 be returned to learned counsel for the petitioner for keeping it with him (learned counsel for the petitioner) and this demand draft shall be given to the alleged detenue on her first appearance before this Court.
4. The S.H.O. of Police Station Kotwali Nagar, District Fatehpur is again
directed to produce the alleged detenue Smt. Afareen before this Court on the next date of listing i.e. 04.02.2025 having regard to her decency and security.
5. List this case, accordingly, on 04.02.2025.
6. A copy of this order be immediately given to learned A.G.A. for on wards communication to the S.H.O. of Police Station Kotwali Nagar, District Fatehpur as well as to his superior officers.
3. In pursuance of aforesaid order, the detenue is produced before this Court by Mr. Anuj Yadav, Sub Inspector and Ms. Divya Patel, Lady Constable, Police Station Kotwali Nagar, District Fatehpur.
4. The detenue categorically informed that she has completed her high school and as per the High School Certificate, she is aged about 20 years and entered into Nikah with Tufel Ahmad on 17.8.2024 and she is willing to join the company of deponent/husband, Tufel Ahmad S/o Shakeel Ahmad, r/o Village Manuagarh, Police Station Sadullanagar,
District
Balrampur
(Adhaar No.747740372216 & Mobile No.7380547310).
5. The deponent of the present case produced original draft dated 21.1.2025 issued by the State Bank of India, Main Branch, Lucknow amounting of Rs.40,000/- in the name of Afreen and same is handed over to detenue, Afreen in the Court.
6. Considering the submissions of parties, going through the contents of the petition as well as statement of the detenue, the present petition is
disposed of with the liberty to the detenue to live anywhere on her own choice.
7. The presence of the officers present today is discharged.
Order Date :- 7.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench