Court No. - 84
Case :- HABEAS CORPUS WRIT PETITION No. - 679 of 2020 Petitioner :- Smt. Astana And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vishnu Murti Tripathi Counsel for Respondent :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri V.K. Misra holding brief of Sri Vishnu Murti Tripathi, learned counsel for the petitioners and Sri Sanjay Sharma, learned Additional Government Advocate appearing for the State-respondents.
Pursuant to the rule nisi issued earlier by this Court, the petitioner no.1 (detenue) has been brought before the Court by Sri Ashok Kumar Singh, S.I. at P.S. Sirauli, Bareilly and Ms. Poonam Sharma, Lady Constable at P.S. Sirauli, Bareilly who have identified the detenue.
The learned Additional Government Advocate upon inquiring from the detenue who is present in Court, submits that she has stated that she has entered into marriage with Mohd. Hasnain (petitioner no.2) and that she is presently in narikniketan. She has further stated that she is 19 years of age and that she wishes to go alongwith her husband. She has also stated that she has married Mohd. Hasnain and desires to live with him without there being any threat or coercion.
The rule nisi issued earlier is accordingly made absolute.
Smt. Astana, petitioner no.1 (detenue) is free to go alongwith the petitioner no.2, her husband-Mohd. Hasnain, where she will be escorted in safety, but free, by the police.
The petition stands disposed of.
Order Date :- 6.1.2021 Shahroz (Dr. Y.K. Srivastava,J.)