Court No. - 42
Case :- HABEAS CORPUS WRIT PETITION No. - 3385 of 2018 Petitioner :- Srikant Chauhan And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shailendra Kumar Rai Counsel for Respondent :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Sri J.K. Srivastava, Advocate has filed memo of appearance on behalf of respondent no.4 and counter affidavit on his behalf, the same are taken on record.
Heard learned counsel for the petitioners, learned A.G.A. for the State, Sri J.K. Srivastava, learned counsel for respondent no.4 and perused the material brought on record.
The instant petition has been filed on behalf of the corpus through her husband Nisha Kushwaha with the prayer to issue a writ, order or direction in the nature of habeas corpus commanding the respondents to produce the corpus Nisha Kushwaha before this Court and set her at liberty.
Pursuant to the previous order of this Court dated 13.07.2018, the corpus Nisha Kushwaha has been produced before this Court by respondent no.4 and she has been identified by her counsel Sri J.K. Srivastava.
The corpus Nisha Kushwaha was quizzed by this Court and several specific questions were put to her about averments contained in the writ petition whereupon she replied that she was not illegally detained by her parents and she of her own free will is residing with the parents and the averments contained in the writ petition are baseless and false. She has also claimed that she has got no concern with petitioner no.1 Srikant Chauhan and she never entered into wedlock with him and she would go with her parents.
In view of above, the averments contained in the instant petition do not carry force. Therefore, the instant petition being devoid of merits is dismissed.
The amount of Rs.20,000/- deposited with the Registrar General of this Court shall be handed over to the corpus Nisha Kushwaha forthwith.
Order Date :- 24.8.2018 rkg