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2026 DAILYLAW 8127 (UTT)

PRADUMAN UPADHAYAY v. STATE OF UTTARAKHAND

HABC/33/2026 · 2026-07-16

Manoj Kumar Tiwari, Pankaj Purohit

body2026

Judgment text

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UKHC010119072026 2026:UHC:5911-DB SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS HABC/33/2026 Praduman Upadhayay --Petitioner Versus State Of Uttarakhand --Respondent Hon’ble Manoj Kumar Tiwari, J. Hon’ble Pankaj Purohit, J. Mr. Deepak Pethshali, learned Counsel for petitioner. 2. Mr. Sunil Upadhyaya, learned Brief Holder for the State of Uttarakhand-respondernt nos.1 and 2. 3. Mr. I.D. Paliwal, learned Addl. CSC for the State of U.P.-respondent nos.3 and 4. 4. By means of this petition, petitioner has sought writ of Habeas Corpus directing the respondents to immediately trace, secure and produce Ms. Manisha Pundir (detenue) before this Court and permit her to accompany petitioner without any interference from the respondents. A further writ of mandamus is sought directing respondent nos.2 to 4 to produce the entire original record relating to alleged recovery of detenue on 25.06.2026 with all other documents. 5. By order dated 10.07.2026, State Counsel was directed to have the corpus produced before this Court. In terms of that order, corpus is produced before us by S.I. Praveen Bisht and lady Constable 305 Reena. 6. We interacted with the corpus, who while admitted that, a marriage was solemnized between her and petitioner, however, she submitted that she does not want to go with petitioner, and she wants to go back to her parents. UKHC010119072026 2026:UHC:5911-DB 7. Since the corpus informed that her date of birth is 21.12.2006, therefore, she is major. Thus, respecting her decision to join company of her parents, we find no ground to issue any further direction in the matter. 8. Writ petition is, accordingly, disposed of. 9. Before parting, we also wish to record the undertaking given by petitioner before us that he would return all educational certificates and other documents to the corpus during the course of day. 10. Pending application, if any, stands disposed of. (Pankaj Purohit, J.) (Manoj Kumar Tiwari, J.) 16.07.2026 Rdang RAJEEV DANG Digitally signed by RAJEEV DANG DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=963da6fc6df8dbb91944e0c58b9ed259ec3d800f419a1199f15a 3961c8ca2957, postalCode=263001, st=UTTARAKHAND, serialNumber=63F6E663A1DD44892EED6B81F043D778B37D74D2DB7 200F2DABC7ABCC1CA358D, cn=RAJEEV DANG Date: 2026.07.16 16:17:32 +05'30'