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2025 DAILYLAW 44577 (ALL)

SMT. JYOTI PARASHAR AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/298/2025 · 2025-04-21

Vinod Diwakar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61299 Court No. - 76 Case :- HABEAS CORPUS WRIT PETITION No. - 298 of 2025 Petitioner :- Smt. Jyoti Parashar And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Santosh Kumar Tiwari,Surendra Nath Tiwari Counsel for Respondent :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the petitioners, learned A.G.A. for the State-respondents, and perused the record. 2. On the previous date of hearing, this Court directed the learned A.G.A. to verify: (i) the alleged marital status of petitioner no.1 with respondent no.5; and (ii) the duration and circumstances under which petitioner no.2 is claimed to have resided with petitioner no.1. 3. Upon consideration of the police verification report submitted before this Court, it has emerged that petitioner no.1 has never cohabited with petitioner no.2, contrary to the assertions made in the petition. Furthermore, the alleged marriage between petitioner no.1 and respondent no.5 is not supported by any credible documentation or corroborative material, rendering the claim vague and unsubstantiated. 4. Additionally, it has been brought to the notice of this Court that petitioner no.2 has a criminal history of seven cases. This material fact was knowingly suppressed and not disclosed in the writ petition, thereby adversely affecting the petitioners' credibility and bona fides. 5. In light of the foregoing deliberations, it is evident that the present habeas corpus petition is based on misconceived, incorrect, and misleading factual premises, and appears to be an attempt to misuse the extraordinary writ jurisdiction of this Court. 6. Accordingly, the writ petition stands dismissed. 7. However, it is directed that the local police shall ensure petitioner no.2 does not interfere with, intimidate, or pose any threat to the life, liberty, or well-being of petitioner no.1. The Station House Officer, Police Station Sadabad, District Hathras, is directed to take immediate preventive measures in accordance with law. 8. It is further clarified that in the event petitioner no.2 engages in any unlawful activity or attempts to harass petitioner no.1, the concerned Station House Officer shall be at liberty to approach the competent court, where criminal proceedings against petitioner no.2 are pending, and move an appropriate application seeking necessary directions, including cancellation of bail or other legal remedies as may be warranted. 9. The Registrar (Compliance) is directed to transmit a copy of this order forthwith to the Superintendent of Police, Hathras, and the Station House Officer, Police Station Sadabad, for prompt and effective compliance. Order Date :- 22.4.2025 Amit Justice Vinod Diwakar Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad