KRISHANKANT AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
HABC/678/2025 · 2025-09-03
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83160 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83160 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 678 of 2025 Court No. - 85 HON'BLE VINOD DIWAKAR, J.
1. Heard learned counsel for the petitioners and the learned A.G.A for the State-respondents.
2. The present writ petition has been preferred seeking a direction to the respondent authorities to produce petitioner no.2 (corpus) before this Court and to set her at liberty from the alleged illegal custody of respondent no.3.
3. Pursuant to the order dated 21.08.2025 passed by this Court, the corpus, Smt. Krishna, along with petitioner No.1 and respondent no.3 are present.
4. Upon interaction with the corpus and upon examination of the concerned parties, it has emerged that the corpus (petitioner no.2) has categorically refused to reside with petitioner no.1. She has clearly and unequivocally expressed her desire to reside with her brother at her parental home and has firmly stated her intention to return to and continue living with her parents.
5. In view of the aforesaid statement and after due consideration of the facts placed before this Court, the custody of petitioner No.2 stands restored to respondent No.3. Petitioner No.1 has also given an undertaking before this Court not to interfere with the peaceful living of the corpus henceforth.
6. The writ of habeas corpus is an extraordinary and prerogative remedy intended to provide immediate relief in cases of illegal or unlawful detention. It is not a remedy available as a matter of course. In the present case, the corpus herself has stated in her statement that she want to reside at her parental home. Therefore, in absence of prima facie evidence of coercion or confinement, no case is made out for exercise of extraordinary jurisdiction under Article 226 of the Constitution of India.
7. In view of aforesaid, this Court finds no merit in the present writ petition. Accordingly, the petition is dismissed. Versus Counsel for Petitioner(s) : Mohd Rizwan Counsel for Respondent(s) : G.A. Krishankant And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
8. The direction contained in the order dated 21.08.2025, requiring petitioner no. 1 to deposit a sum of Rs. 50,000/- by way of demand draft in favour of petitioner no. 2, is hereby dispensed with. September 4, 2025 Shafique HABC No. 678 of 2025 2 (Vinod Diwakar,J.) Digitally signed by :- SAFIKUR RAHAMAN High Court of Judicature at Allahabad