SMT. AMRAWATI DEVI THRU. THEIR NEXT FRIEND SMT. JUHI TIWARI AND OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. LKO. AND OTHERS
/451/2025 · 2025-12-12
Abdul Moin, Babita Rani
Transfer Petitionbody2025
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[ 2025 DAILYLAW 203262 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 203262 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 451 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
1. Heard.
2. Instant petition has come up on the basis of urgency expressed by the learned counsel for the petitioners.
3. Instant writ petition in the nature of habeas corpus has been filed on behalf of the petitioners through their next friend, Smt Juhi Tiwari commanding the respondents No.2 & 3 to produce the petitioners- detenues before this Court.
4. Contention of the learned counsel for the petitioners is that the petitioner No.1 had been taken in custody on 06.12.2025 while petitioners No.2 & 3 had been taken in custody on 08.12.2025. Neither reasons were communicated nor they have been set free till date.
5. Learned A.G.A. on the basis of instructions sent by Shri Anirudh Kumar Singh, Inspector (In-Charge), Police Station Dostpur, Sultanpur dated 11.12.2025 states that petitioner No.1 had been summoned for questioning on 06.12.2025 vide G.D. Entry No.50 maintained at Police Station Dostpur, Sultanpur at 18:29 Hours and after questioning he was sent back on 09.12.2025 vide G.D. Entry No.42 at 17:53 Hours.
6. Likewise, petitioner No.2 had been summoned along with petitioner No.1 vide aforesaid G.D. entry as aforesaid on 06.12.2025 and thereafter Versus Counsel for Petitioner(s) : Mohammad Ehtesham Khan Counsel for Respondent(s) : G.A. Smt. Amrawati Devi Thru. Their Next Friend Smt. Juhi Tiwari And Others .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Lko. And Others .....Respondent(s)
on 10.12.2025 vide G.D. Entry No.72 at 21:49 Hours, and then he had been sent back.
7. Petitioner No.3 had also been summoned for questioning on 07.12.2025 vide G.D. Entry No.63 at 23:39 Hours and had been sent back. It is further contended that questioning of the petitioners were required on account of FIR No.339 of 2025 under Sections 109(1), 131, 352, 351(3) B.N.S. in which Indrakesh Tiwari and Hemant Tiwari are accused, who are sons of petitioner No.1.
8. Learned counsel for the petitioners is satisfied with the instructions.
9. Accordingly, the writ petition stands disposed of. December 12, 2025 prateek HABC No. 451 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- PRATEEK ARORA High Court of Judicature at Allahabad, Lucknow Bench