KM. ASHA AND ANOTHER v. STATE OF U.P. AND 5 OTHERS
HABC/821/2025 · 2025-10-15
body2025
DailyLaw.ai
[ 2025 DAILYLAW 191228 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191228 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 821 of 2025 Court No. - 88 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners, learned A.G.A. for the State, and perused the material available on record.
2. The present petition has been filed seeking issuance of a writ, order, or direction in the nature of habeas corpus, commanding respondent nos. 4 to 6 to produce the petitioner no.1 (corpus) before this Court and to set her at liberty from their alleged illegal detention.
3. In compliance with the order dated 10.09.2025, passed by this Court, the corpus is present before this Court.
4. Upon a specific query being raised by the Court, the corpus has made a clear, categorical, and unequivocal statement that she is presently residing with her family members of her own free will and has no grievance in that regard. She has further stated that she has appeared before this Court along with her parents and expresses her desire to reside with petitioner no.2.
5. Having regard to the statement of the corpus and her unequivocal expression of free and informed volition to reside with petitioner no.2, this Court is satisfied that the corpus is residing with petitioner no.2 of her own choice, and no case of illegal detention by respondent nos. 4 to 6 subsists as on date.
6. Accordingly, the custody of petitioner no.1 (corpus) is directed to be handed over forthwith to petitioner no.2 (her mother). The concerned police authorities shall ensure smooth and peaceful handing over of custody, without any interference from respondent nos. 4 to 6 or any other person. Versus Counsel for Petitioner(s) : Alok Kumar Tiwari, Shiv Lal Counsel for Respondent(s) : G.A. Km. Asha & Anr. .....Petitioner(s) State of U.P. & 5 Ors. .....Respondent(s)
7. With the aforesaid observations and directions, the present petition stands disposed of. October 16, 2025 A. Tripathi HABC No. 821 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- AKHILESH TRIPATHI High Court of Judicature at Allahabad