SMT. PRIYA CHAUHAN AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/356/2025 · 2025-05-06
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53822 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53822 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:73128 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 356 of 2025 Petitioner :- Smt. Priya Chauhan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Meera,Nabi Ullah Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. The present Habeas Corpus writ petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus to direct the respondent Nos. 2 and 3 to produce the corpus petitioner No. 1 (Smt. Priya Chauhan) before this Hon'ble Court and she may be handed over to her husband (petitioner No. 2) according to his wish, and further be pleased to record her statement and thereafter also direct the administrative authorities to release her from the clutches of respondent No. 4 in accordance with law. As per the instructions received by learned A.G.A. for the State, petitioner No. 1 Smt. Priya Chauhan (corpus) being minor, an FIR has been registered has been registered against the petitioner No. 2 bearing Case Crime No. 226 of 2024, under Sections 363, 366, 376 IPC and Section 4(2) of the POCSO Act at Police Station-Jeanpur, District-Azamgarh and the charge sheet has also been submitted. In view of the above, this Court finds that the corpus being minor is in the custody of the father, therefore, there is no such illegal detention of the corpus by the respondent No. 4. The present Habeas Corpus Petition is devoid of merits and is, accordingly dismissed. The present Habeas Corpus Writ Petition is, accordingly dismissed. Order Date :- 7.5.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad