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2025 DAILYLAW 9443 (ALL)

PRIYANKA PAL AND ANOTHER v. STATE OF U.P. AND 7 OTHERS

HABC/43/2025 · 2025-03-09

Saurabh Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:34717 Court No. - 79 Case :- HABEAS CORPUS WRIT PETITION No. - 43 of 2025 Petitioner :- Priyanka Pal And Another Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Prathamesh Upadhyay Counsel for Respondent :- G.A.,Mahesh Pandey,Santosh Kumar Pandey Hon'ble Saurabh Srivastava,J. 1. Heard Sri Prathsmesh Upadhyay, learned counsel for petitioners and learned counsel for respondent no.4 as well learned AGA. 2. Vide order dated 22.01.2025, petitioner no.1, Priyanka Pal (corpus) was summoned in the Court as it was alleged by petitioner no.2 that corpus is his wife and she has been illegally detained by respondent nos.4 to 8. In compliance of the said order, petitioner no.1 (corpus) is present in person before this Court alongwith respondent no.4 and no objection with regard to her identity has been raised by anyone. Demand draft of Rs.25,000/- has also been handed over to the corpus today in the Court. 3. So far as age of corpus is concerned, a certificate of High School has also been placed on record, wherein the date of birth of corpus has been shown as 20.07.2003 by which she appears to be major. Moreover no objection pertaining to the majority of the detenue has been raised by anyone. 4. On being queried today, corpus stated the that she has already married with petitioner no.2, namely, Kuldeep Pal and wants to lead her life with her husband/petitioner no.2. 5. The above interaction with the corpus reveals that she wants to go with her husband/petitioner no.2 and as such, custody maintained by respondent nos.4 to 8, is determined as illegal. 6. In view of the statement made by petitioner no.1 (corpus), the instant petition is allowed. Respondent no.4 is hereby directed to hand over the custody of corpus to the petitioner no.2/her husband. 7. Commissioner of Police, Commissionerate Prayagraj is hereby directed to depute one male Sub-Inspector alongwith one lady Constable to ensure the safety of couples/petitioners from this Court to the outskirts of Prayagraj (border) since the petitioners are intended to go to Delhi by their own car. 8. Till providing the security by Commissioner of Police, Commissionerate Prayagraj, petitioner no.1 (corpus) and her husband/petitioner no.2 shall be ensured to keep in the premises of the High Court at Nazarat Section. 9. Registrar (Compliance) is hereby directed to ensure service of this order upon Commissioner of Police, Commissionerate Prayagraj today by 04 p.m. for necessary action. Order Date :- 10.3.2025 Vivek Kr. Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad