SMT. MAHI SHARMA (CORPUS) AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
HABC/474/2025 · 2025-07-15
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 66129 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 66129 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114535 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 474 of 2025 Petitioner :- Smt. Mahi Sharma (Corpus) And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Dilip Kumar,Gyanendra Prakash Srivastava Counsel for Respondent :- Chandrika Patel,G.A.,Mohini Jaiswal Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned AGA for the State and perused the record. The present Habeas Corpus Writ Petition has been filed seeking the following relief:
"(i) Issue a writ, in the nature of Habeas Corpus directing to the respondents to produce the corpus Smt. Mahi Sharma (petitioner no. 1) before this Hon'ble Court and hand over the custody of corpus (petitioner no. 1) to the petitioner no. 2, who is the husband of corpus (petitioner no. 1). (ii) Issue a writ, order or direction in the nature of Habeas Corpus directing the respondents not to illegally detain to the corpus Smt. Mahi Sharma (petitioner no. 1) against her wishes. (iii) Issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case in the interest of Justice. (iv) Award the cost of this writ petition in favour of the petitioners." It has been submitted by learned counsel for the petitioners that the petitioner no. 1 Smt. Mahi Sharma (corpus) is his wife and has been illegally detained by respondent no. 4. However, from perusal of record and as per the instructions received by the State Counsel, the corpus is a victim in FIR dated 30.03.2025 bearing Case Crime No. 0132 of 2025, under Sections 137(2), 87 of BNS, 2023, Police Station Barsana, District Mathura wherein the petitioner no. 2, Vikas is a named accused. It also transpires that the petitioner no.
1, Smt. Mahi Sharma (corpus) is the victim of crime and has been recovered and custody has been handed over to the respondent no. 4. The petitioner no. 1, Smt. Mahi Sharma has not been illegally detained by the respondent no. 4 (father of the corpus). Accordingly, the Habeas Corpus Writ Petition has no merit and is, accordingly, dismissed. Order Date :- 16.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad