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2025 DAILYLAW 36567 (ALL)

INDRA PRAKASH SHUKLA AND ANOTHER v. STATE OF U.P. AND 6 OTHERS

HABC/256/2025 · 2025-05-29

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93498 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 256 of 2025 Petitioner :- Indra Prakash Shukla And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Manoj Kumar Srivastava,Pramod Kumar Srivastava Counsel for Respondent :- Arvind Pandey,G.A.,Saumitra Anand Hon'ble Ms. Nand Prabha Shukla,J. Supplementary affidavit has been filed on behalf of the petitioners which is taken on record. Heard learned counsel for the petitioners, learned counsel for the respondent nos. 6 and 7, learned AGA for the State and perused the record. Pursuant to the order dated 21.05.2025, the corpus Indra Prakash Shukla, who is mentally disabled (aged about 35 years) is present before this Court. On the query being raised, the said corpus has expressed his gesture to remain with respondent no. 6, Indranand Shukla (his real brother). As the corpus is comfortable with respondent no. 6, therefore, let the corpus remain with respondent no. 6, however, petitioner no. 2, Smt. Bundeli Sapna, who is also the legal guardian of the corpus, shall be given the visitation right to meet her brother Indra Prakash Shukla (the corpus) on every Sunday at the venue fixed by S.H.O., P.S. Kotwali Nagar, District Banda which shall be other than the police station and at the time of exercise of visitation right both the legal guardian and the corpus shall remain present. S.H.O., P.S. Kotwali Nagar, District Banda shall ensure that the visitation right is exercised with safety and security. With the aforesaid directions, the present petition is disposed of. The order dated 26.10.2024 stands modified. Date :- 30.5.2025 Nisha Digitally signed by :- nisha kumari High Court of Judicature at Allahabad