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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 396 of 2026 Court No. - 73 HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submits that the corpus, Aman Rathore, is the brother of the petitioner, Vinay Rathore, and is in the illegal custody of private respondent nos.4, 5 and 6, who are the estranged wife and relatives of the wife of the corpus. He further submits that, in this regard, a complaint was made to the concerned police authorities of District Hathras on 15.07.2025, but no action has been taken thereon. 2. I have heard learned counsel for the petitioner and perused the documents annexed with the writ petition. 3. It is apparent from the documents annexed with the writ petition that the marriage of the corpus, Aman Rathore, was solemnized with respondent no..4, Smt. Preeti, on 18.07.2021. It is alleged that at the time of marriage, an amount of Rs.15,00,000/- (Rupees Fifteen lakhs) was spent by the father of the respondent-wife. However, the corpus and his relatives were not satisfied with the said amount and demanded a Swift Dzire car as additional dowry. On non-fulfilment of the said demand, the respondent-wife was subjected to mental and physical harassment and cruelty and was also abused and assaulted. Ultimately, she was compelled to leave her matrimonial home. 4. It is further apparent that the respondent-wife, Smt. Preeti, lodged an F.I.R. on 04.08.2025, registered as Case Crime No.384 of 2025, under Sections 85, 115(2), 352 and 351(2) of the B.N.S. and Section 3/4 of the Dowry Prohibition Act, at Police Station Jait, District Mathura. Versus Counsel for Petitioner(s) : Sanjay Kumar Dubey Counsel for Respondent(s) : G.A. Aman Rathore And Another .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
5. It is also apparent from the record that the petitioner and other relatives of the husband have filed Criminal Misc. Writ Petition No.22825 of 2025, Vinay Rathore @ Ashu and others vs. State of U.P. and others, seeking stay of their arrest, and by order dated 07.10.2025 passed by a Division Bench of this Court, their arrest, pursuant to the aforesaid F.I.R. lodged by the estranged wife, has been stayed. 6. Thus, it is apparent that the corpus is facing criminal proceedings initiated by his wife, Smt. Preeti. In the aforesaid circumstances, no ground is made out for entertaining the instant habeas corpus petition. 7.
Accordingly, the instant habeas corpus petition is dismissed. September 18, 2026 Jitendra HABC No. 396 of 2026 2 (Sandeep Jain,J.) Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad