Court No. - 68
Case :- HABEAS CORPUS WRIT PETITION No. - 666 of 2021 Petitioner :- Madhyan Singh Yadav And Another Respondent :- State of U.P. and Others Counsel for Petitioner :- Shailesh Singh Yadav Counsel for Respondent :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Heard Shri Shailesh Singh Yadav, learned counsel for the petitioners and Shri Manoj Kumar Dwivedi, learned A.G.A. for the State.
This Habeas Corpus Writ Petition under Article 226 of the Constitution of India has been filed by the petitioners with a prayer to issue a suitable writ, order or direction in the nature of Habeas Corpus directing the respondents to produce detenue- Ujala Yadav/petitioner No. 2 before this Court and release her at liberty and as per her sweet will.
In compliance of the order dated 22.10.2021, corpus-Ujala Yadav is produced before this Court today by Sub Inspector 920630224, Ganga Ram Sonkar, Constable 182038394, Vinod Kumar Yadav, Constable 162271704 Umesh Chandra and Lady Constable 182440061 Reeta Devi. Corpus made statement before this Court that she is major. She has also stated that she has solemnized marriage with Ram Raj Gautam, respondent No. 4 and is happily living with her husband without any threat, duress or undue pressure. As per her own statement, Ram Raj Gautam, respondent No. 4 has not kept her with him forcibly against her free will rather out of her own accord and free will she is living with him.
Since the petitioners have not disputed the age of the corpus in this petition and the petition was filed on behalf of the corpus with the allegations that she has been illegally detained by respondent No. 4 against her will and the aforesaid allegations is belied by the own statement of the corpus herself, therefore, petition lacks merit and deserves to be dismissed.
Accordingly, the petition is dismissed.
Senior Superintendent of Police, Allahabad is directed to ensure the safe movement of the corpus from Mahila Thana, Allahabad to the house of her husband Ram Raj Gautam, respondent No. 4, resident of Village Fatehpur Ghat, Post Manauri, Police Station Puramufti, District Allahabad now Prayagraj with sufficient police protection including Sub Inspector Ganga Ram Sonkar and at least two lady constables along with other police force.
The copy of this order be furnished to the learned A.G.A. for immediate compliance.
Order Date :- 28.10.2021 T. Sinha Digitally signed by Justice Sanjay Kumar Pachori Date: 2021.10.28 16:27:26 IST Reason: Document Owner Location: High Court of Judicature at Allahabad