SMT. POONAM DEVI AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
HABC/644/2025 · 2025-07-28
Nand Prabha Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79647 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79647 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:124837 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 644 of 2025 Petitioner :- Smt. Poonam Devi And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Gaurav Kumar Singh Counsel for Respondent :- G.A. 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, order or direction in the nature of Habeas corpus commanding the respondents to produce the corpus namely Sujeet Kumar Tiwari S/o Sita Ram Tiwari, R/o Ward No.1, Bangra, Dumarsan, P.S. Mashrak, District Saran (Bihar). Presently residing at C/o Usha Devi, Kulesara, District Gautam Budh Nagar before this Hon'ble' Court within a specified time period and he may be released in favour of his legal/natural guardian (Petitioners). (ii) issue a writ, order or direction in the nature mandamus commanding the Respondent No.2 & 3 provide protection and safeguard to the life and liberty of the corpus from the private respondents. (iii) issue any other suitable writ, order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iv) To award the cost of the petition to the petitioner." It has been submitted by learned counsel for the petitioners that the corpus Sujeet Kumar Tiwari is his son and has been illegally detained by respondent nos. 4 and 5. As per the instructions received by the State Counsel, the corpus Sujeet Kumar Tiwari is an accused in Case Crime No. 285 of 2025 under Section 140(3) BNS, Police Station Mashrak, District Saran (Bihar) for kidnapping the girl. Pursuant to the said First Information Report, the police personnel of Bihar contacted local Police Station Ecotech-III, Gautam Budh Nagar on 10.7.2025 to trace the whereabouts of the victim Nandni
which is part of the G.D. Entry Rapat No. 39 at 11.35 A.M.. The victim Nandni, D/o Vinod Tiwari (respondent no. 4) was recovered from the possession of the petitioner corpus Sujeet Kumar Tiwari and the corpus returned back to his parents. As there is no illegal detention of the corpus rather the petitioner-corpus is the main accused in FIR registered at Bihar. No interference is required. Accordingly, the Habeas Corpus Writ Petition is dismissed.
Order Date :- 29.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad