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2025 DAILYLAW 68842 (ALL)

DEEPAK @ BHOOP SINGH AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

HABC/540/2025 · 2025-07-10

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:111427 Court No. - 70 Case :- HABEAS CORPUS WRIT PETITION No. - 540 of 2025 Petitioner :- Deepak @ Bhoop Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Lal Prabhakar Singh Counsel for Respondent :- Amarpal Singh,G.A.,Prem Prakash Yadav Hon'ble Dr. Gautam Chowdhary,J. 1. The present habeas corpus writ petition has been filed for issuance of a suitable direction in the nature of habeas corpus directing the respondent nos. 2 and 3 to produce the corpus of the petitioner no.2 namely Srivati before this Court and to free her to go as per her wishes, who has been illegally detained by the respondent nos. 4 and 5. 2. Learned counsel for the petitioner submits that the petitioner no. 2 is the legally wedded wife of the petitioner no.1 and she has been illegally detained by the respondent nos. 4 and 5, who are none else but her father and mother. 3. This Court vide order dated 27.06.2025 had issued notice to the respondent nos. 2 to 5 through Chief Judicial Magistrate, Sambhal so as to enable the respondent nos. 4 and 5 to produce the petitioner no.2 before this Court. Pursuant to which order, the petitioner no.2 appeared before this Court, who is identified by her counsel Sri Amar Pal Singh, Advocate. 4. The petitioner no.2 namely, Srivati has stated before this Court that she has come up before this Court along with her father and mother namely Sua Lal and Munni Devi the respondent nos. 4 and 5 respectively. She has further stated that is an illiterate and is aged about 17 years and that neither she has married with the Deepak the petitioner no.1 nor she wants to go with him. It has also been stated by her that she has not been illegally detained by her parents and she wants to go with her parents. The statement of the corpus- petitioner no.2 has been recorded separately on a plain and is kept on record. 5. Pursuant to the order dated 27.06.2025, the corpus-petitioner no.2 has been paid Rs. 15,000/- by the petitioner no.1 namely, Deepak through his counsel. The endorsement of receiving has been recorded in her statement. 6. In view of the statement of the corpus-petitioner no.2, the present habeas corpus petition lacks merit and is accordingly, dismissed. Order Date :- 11.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad