Neutral Citation No. - 2025:AHC-LKO:726 Court No. - 14 Case :- HABEAS CORPUS WRIT PETITION No. - 396 of 2024 Petitioner :- Tulsiram Thru. His Elder Son Sri Putti Lal Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 7 Others Counsel for Petitioner :- Alok Srivastava Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J. 1. Heard learned counsel for the petitioner as well as learned AGA for the State and perused the record. 2. Learned AGA has placed before this Court written instructions submitted by the Police Station Nawabganj, District Gonda. 3. The instant petition has been filed by the next friend Putti Lal who is the son of the alleged detenue Tulsiram with the following prayers:- "a. issue a writ, order or direction in the nature of Habeas Corpus commanding the opposite parties, particularly opposite parties no.4 to 8, to produce the detenue/ petitioner before this Hon'ble Court forthwith and sent her free at her liberty. b. issue any other suitable order or direction which this Hon'ble Court may deem, fit, just and proper under the circumstances of the case in favour of the detenue/ petitioner. c. allow the writ petition of the detenue/ petitioner with costs." 4. The grievance of the petitioner who is the son of the alleged detenue Tulsi Ram appears to be that he is having apprehension that the respondents no. 4 to 7 who are his brothers and sons of the alleged detenue Tulsi Ram and respondent no. 8- Smt. Usha Gupta, who is daughter of alleged detenue Tulsi Ram have detained Tulsi Ram in illegal custody and his whereabouts are not known and he is not allowed to meet the petitioner- Putti Lal. 5. Thus, the request is to direct the respondent nos. 4 to 8 to produce the detenue before this Court and to issue suitable order with regard to his custody. Significantly the petitioner has not claimed the custody of the alleged detenue. The instructions which have been submitted by the Police Station Nawabganj, District Gonda would reveal that the petitioner- Putti Lal has been ousted by his father Tulsi Ram of his properties and the ancestral property of the alleged detnue Tulsi Ram is allegedly possessed by the respondents no. 4 to 8. 6. It is also stated in this report that the respondents no. 4 to 7 are taking care of their father Tulsi Ram. The proceedings of 126/135 of B.N.S.S. (107/116 of the Code of 1976) has also been initiated against the parties in order to maintain public peace and order. Thus, what is reflected from the record is that the alleged detenue Tulsi Ram is living with his sons respondents no. 4 to 7 and the next friend- Putti Lal who is another son of the detenue Tulsi Ram and is living at Mumbai and he is stated to have been ousted by his father, which fact has been denied by the petitioner and a concern has been shown by learned counsel for the petitioner with regard to the welfare of the detenue Tulsi Ram having regard to his age. 7. Keeping in view all the facts and circumstances of the case and also the report of the Police Station alleged detenue Tulsi Ram is living with his sons and daughter, respondents no. 4 to 8 and appears to be not illegally detained. The instant petition is finally disposed of in terms that respondents no. 4 to 8 shall allow the next friend Putti Lal, who is other son of the alleged detenue Tulsi Ram to meet at least once in two weeks keeping in view the convenience of Shri Putti Lal who is allegedly living at Mumbai, if Shri Tulsi Ram is willing to meet him. Initially for three months this meeting shall be supervised by the S.H.O. of Police Station Nawabganj, District Gonda and he will ensure that no law and order situation erupts when the next friend Putti Lal will go to meet his father, however for this purpose Putti Lal would be obliged to give a written notice to the S.H.O., Police Station Nawabganj, District Gonda with regard to his intended visit specifying the date and time of such visit. 8. The S.H.O. Nawabganj, District Gonda as directed earlier for a period of three months would either himself supervise such meeting or may depute a police official subordinate to him not below the rank of Sub Inspector of Police for the supervision of such meeting and the duration of such meeting will not be more than 45 minutes. 9. During the course of such meeting the petitioner would be entitled to give some gifts or items of daily usage including clothes to his father, however, he would not be allowed to give any eatable or consumable items to the alleged detnue. 10. In case of emergence of any dispute between the parties pertaining to compliance of this order the S.H.O. Nawabganj, District Gonda shall take appropriate decision having regard to the intention of this Court of organizing periodical meeting of petitioner Putti Lal with his father Tulsi Ram, if his father Tulsi Ram is willing for the same. 11. It is clarified that if father Tulsi Ram is not willing to meet Putti Lal (next friend) he (Tulsi Ram) shall not be compelled to meet him, in the guise of this order and such intention of Tulsi Ram will be assessed by SHO. Nawabganj. 11. With the aforesaid terms and conditions this petition is disposed of finally. Order Date :- 6.1.2025 Muk Digitally signed by :- MOHD UMAR KHAN High Court of Judicature at Allahabad, Lucknow Bench