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2025 DAILYLAW 77515 (ALL)

SMT KAVITA AND ANOTHER v. THE STATE OF U.P. AND 3 OTHERS

HABC/627/2025 · 2025-08-19

Nand Prabha Shukla

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:142151 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 627 of 2025 Petitioner :- Smt Kavita And Another Respondent :- The State Of U.P. And 3 Others Counsel for Petitioner :- Raj Narayan Gupta Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Sri Rahul Mehrotra, Advocate has filed his vakalatnama on behalf of respondent no.4, which is taken on record. Heard learned counsel for the petitioners, learned counsel for respondent no.4, learned AGA for the State-respondent nos.1 to 3 and perused the record. The present Habeas Corpus Writ Petition has been filed seeking the following relief:- "(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the respondent no.4 to produce the Corpus forthwith before this Hon'ble Court and set her free with liberty and this Hon'ble Court may also be pleased to direct the respondent no.4 to release Corpus from illegal custody of the respondent no.4 in favour of petitioner no.2 who is the husband of the petitioner no.1 (corpus)." It has been submitted by the learned counsel for the petitioners that the petitioner no.1/ corpus namely Smt. Kavita is wife of petitioner no.2 and she has been illegally detained by the respondent no.4, Hemchandra. As per instructions received by learned A.G.A., the corpus/ petitioner no.1 is stated that she is happily residing with respondent no.4, Hemchandra (father) and she is not being illegally detained. She has also stated that it was the petitioner no.2 himself, who had dropped her at her father's home. As the corpus/ petitioner no.1 is not being illegally detained, therefore, there is no occasion to entertain the present writ petition. Accordingly, the present Habeas Corpus Writ Petition is dismissed. Order Date :- 20.8.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad