Court No. - 80
Case :- HABEAS CORPUS WRIT PETITION No. - 497 of 2021 Petitioner :- Shahnoor And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Prabhat Chandra Mishra Counsel for Respondent :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of habeas corpus directing the respondents to produce the corpus/ petitioner no.1 Shahnoor before this Court and also, issue a writ, order or direction in the nature of mandamus directing the respondent nos. 2 and 3 to provide security to the petitioners.
This habeas corpus writ petition has been filed by petitioner no.2 claiming himself to be the husband of petitioner no.1.
Learned counsel for the petitioners has submitted that petitioner no.1 has already married petitioner no.2 and she has illegally been detained by respondent no.4 Yusuf, father of petitioner no.1 and therefore, a writ, order or direction in the nature of habeas corpus be issued against the respondent no.4.
Per contra, learned AGA has submitted that in fact, respondent no.4 has lodged FIR against the petitioner no.2 and two others, under Sections 363, 366-A, 506 IPC, stating therein that his daughter has been kidnapped by the petitioner no.2 and two others. Even in her statement recorded under Section 164 CrPC, it has not been stated by petitioner no.1 that she has solemnized marriage with the petitioner no.2.
In view of the aforesaid facts and the statement of the victim recorded during the course of investigation, this habeas corpus writ petition lacks merit and is accordingly dismissed.
Order Date :- 27.7.2021 Nadim