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2025 DAILYLAW 173959 (ALL)

SMT. RAJNI DEVI THRU. HER HUSBAND DEEPAK KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 3 OTHERS

HABC/395/2025 · 2025-11-12

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 395 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Counter affidavit filed by the State today before this Court, is taken on record. Heard learned counsel for the applicants, learned AGA for the State of U.P. and perused the record. The present petition has been filed for the following main reliefs:- "(1) Issue a writ, order or direction in the nature of Habeas Corpus, commanding the opposite party no. 2 and 3 to produce the petitioner/detenue before this Hon'ble Court and set her at liberty to live the life of her choice." On 31.10.2025, this Court has passed the following order:- "1. Sri Kamlesh Kumar Gupta, learned counsel for the petitioner submitted that Smt. Rajni Devi (detenue) is the wife of petitioner/Deepak Kumar and has been illegally detained by opposite party No. 4/Mahendra Pratap Singh (father of detenue). 2. Considering the facts of the case, let notice be issued to opposite party No. 4 for production of Smt. Rajni Devi (detenue) before this Court. Steps in this regard be taken within seven working days. 3. In addition to above, SHO concerned is also directed to provide the information to private opposite party No. 4 R/o- Village- Bandipur, Police Station- Mallawan, District- Hardoi regarding production of Smt. Rajni Devi (detenue) before this Court and date fixed in the case. 4. Learned AGA is directed to communicate this order to the SHO concerned forthwith and file an affidavit regarding the information given by the SHO concerned to the private opposite party No. 4 on or before the next date fixed in the case. 5. List/put up this case on 12.11.2025 alongwith service report. Versus Counsel for Petitioner(s) : Kamlesh Kumar Gupta Counsel for Respondent(s) : G.A., Chandra Shekhar Singh Yadav, Ranjit Yadav Smt. Rajni Devi Thru. Her Husband Deepak Kumar .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 3 Others .....Respondent(s) 6. On the next date of listing, a draft amounting to Rs. 25,000/- (Rs. Twenty Five Thousands Only) would be provided to Smt. Rajni Devi (detenue) by the petitioner/Deepak Kumar (husband of detenue) before this Court, as stated by learned counsel for the petitioner. " In terms of order dated 31.10.2025, quoted above, alleged detenue Rajni Devi and petitioner/Deepak Kumar, who have been identified by their respective counsel Sri Chandra Shekhar Yadav, Advocate, and Sri Kamlesh Kumar Gupta, Advocate, are present before this Court. Deepak Kumar s/o Sri Ramesh Chandra, has filed the instant petition alleging that he is husband of alleged detenue Rajni Devi. The alleged detenue/Rajni Devi has stated before this Court that she has not solemnized marriage with Deepak Kumar s/o Sri Ramesh Chandra. It would be apt to indicate that draft of Rs. 25,000/-, in terms of order dated 31.10.2025, has not been provided by Deepak Kumar to the alleged detenue Rajni Devi. Taking note of aforesaid including the statement of alleged detenue Rajni Devi, without making any observation on the certificate of marriage issued by Arya Samaj, Shiv Puri, Kamta, Chinhat, Lucknow (Annexure No.-1), this Court is of the view that the present petition is liable to be dismissed with costs. Accordingly, it is dismissed with cost of Rs. 30,000/-, which shall be deposited by Deepak Kumar s/o Sri Ramesh Kumar, r/o Village-Bandipur, Police Station- Mallawan, District-Hardoi, within 15 days from today before this Court, and thereafter the same shall be provided to the alleged detenue/Rajni Devi. In case, the cost of aforesaid i.e. Rs. 30,000/- is not deposited by Deepak Kumar within the time specified by this Court, the same shall be recovered as an arrear of land revenue and thereafter the same shall be provided to alleged detenue/Rajni Devi. November 12, 2025 Jyoti/- HABC No. 395 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- JYOTI RAJWANI High Court of Judicature at Allahabad, Lucknow Bench