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2025 DAILYLAW 64021 (ALL)

DEEPAK SOLANKI AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

HABC/423/2025 · 2025-05-27

Vivek Kumar Birla, Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90932-DB Court No. - 43 Case :- HABEAS CORPUS WRIT PETITION No. - 423 of 2025 Petitioner :- Deepak Solanki And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhishek Tripathi Counsel for Respondent :- G.A. Hon'ble Vivek Kumar Birla,J. Hon'ble Jitendra Kumar Sinha,J. 1. Heard Sri Abhishek Tripathi, learned counsel for the petitioners and Sri Rahul Asthana, learned A.G.A. appearing for the State respondents. 2. Present petition has been filed seeking direction to the respondent no. 2 to produce the corpus before this Court from his illegal custody and set free her liberty. 3. The petitioner no. 1 is claiming production of the corpus- petitioner no. 2 and claims himself to be husband of the corpus by drawing attention to the certificate of registration of marriage dated 30.6.2023. 4. The date of birth of the victim is shown as 1.7.2008 and the order of Bal Kalyan Samiti, Hapur is dated 14.5.2025. The aforesaid order has not been challenged before appropriate forum. 5. It is the admitted case of the petitioner that a charge-sheet has already been submitted against the petitioner no. 1 in Case Crime No. 186 of 2023, Police Station Kapurpur, District Hapur. 6. In such view of the matter, we find that the present petition is not maintainable in the light of judgment of this Court in the case of Km. Rachna and another vs. State of U.P. and others 2021(3) ADJ 415 (FB). 7. Accordingly, present petition stands dismissed. Order Date :- 28.5.2025 Lalit Shukla Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad