Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 2804 of 2018 Petitioner :- Vandana Yadav Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Yadav,Abhishek Kumar Yadav Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Affidavit of compliance filed by learned A.G.A. on behalf of the Superintendent of Police, District Kannauj which is taken on record who is also present before the Court in compliance of the Court order.
Heard Sri Sanjay Kumar, Advocate holding brief of Sri Vinod Kumar Yadav, learned counsel for the petitioner, Sri Ashish Pandey, learned AGA for the State and perused the impugned F.I.R. as well as material brought on record.
This habeas corpus writ petition has been filed by the petitioner with the prayer to issue a writ, order or direction in the nature of HABEAS CORPUS calling upon the respondents to produce the corpus of Dev Singh Yadav, S/o Shri Megh Singh Yadav, R/o Village Chhichhonapur, Police Station Vishungarh, District Kannauj (the husband of the petitioner) before this Hon'ble Court. Further to issue a writ, order or direction of the suitable nature directing the respondents to produce the result of the investigation made pursuant to the registration of the report dated 01.03.2017 within the period stipulated by this Hon'ble Court.
It is submitted by learned counsel for the petitioner that the petitioner was married to Dev Singh Yadav son of Sri Megh Singh Yadav on 21.02.2016 as per the rites and customs of Hindu religion and the petitioner is the wife of Dev Singh Yadav. It is further submitted that the husband of the petitioner was working on the post of Engineer/Supervisor in Nagpur Baraura Power Plant Maharashtra and came on leave to his native place on 17.02.2017. It is also submitted that the husband of the petitioner is missing since 26.02.2017 and the attempts were made for tracing out the husband of the petitioner, but in vain, hence the real brother of Dev Singh Yadav, moved the application to the Station Officer of Police Station Vishungarh, District Kannauj on 28.02.2017. It is further submitted that the missing of husband of the petitioner was also published in the daily newspaper 'Hindustan' dated 01.03.2017 and the relevant part of the said newspaper is being annexed as Annexure No. -2 to the writ petition. It is also submitted that no effective steps were taken by the respondents for tracing out the husband of the petitioner, who is missing since 26.02.2017.
Further the petitioner moved the other application dated 28.04.2017 to the Superintendent of Police, District Kannauj. No effective action was taken by the respondents and therefore the petitioner again moved the application dated 07.07.2017 to the Hon'ble Chief Minister of the State of U.P., D.G.P., Lucknow Uttar Pradesh and various higher authorities through the registered post and no fruitful result has come out. The petitioner has no other efficacious prompt and speedy remedy except to file the present writ petition under Article 226 of the Constitution of India. Learned counsel for the petitioner has lastly submitted that the matter be kept pending further.
Learned A.G.A. has submitted that in affidavit of compliance several efforts have been made by the police for getting the recovery of the victim who stated to be the husband of the petitioner but no suspicion was raised by the complainant in the FIR which was lodged against unknown person. Learned A.G.A. further stated that efforts are still going on by the police to recover the victim.
Considering the facts and circumstances of the case and the submissions advanced by the learned counsel for the parties, we direct the concerned police authorities to conclude the investigation and make efforts to recover the victim in accordance with law and submit the report within six weeks from the date of production of a certified copy of this order.
With the aforesaid direction, this petition is disposed of.
Learned AGA shall communicate this order to the authorities concerned.
The presence of the Superintendent of Police, District Kannauj, is hereby dispensed with.
(Krishna Pratap Singh,J.) (Ramesh Sinha,J.) Order Date :- 27.3.2018 A.K.Verma