Smt. Hemlata vs State Of U.P. & 4 Others
2013 Latest Caselaw 6650 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- HABEAS CORPUS WRIT PETITION No. - 41483 of 2013
 

 
Petitioner :- Smt. Hemlata
 
Respondent :- State Of U.P. & 4 Others
 
Counsel for Petitioner :- Dhiraj Kumar Pandey
 
Counsel for Respondent :- Govt. Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the petitioner, Sri Pankaj Kumar Tyagi learned counsel for the respondent No. 4 and 5 and the learned A.G.A. for the State.

Learned counsel for the respondent No. 4 and 5 has filed counter affidavit today in Court which is being taken on record.

Present habeas corpus petition has been filed by the deponent on the ground that the corpus is his legally wedded wife who is being illegally detained by the respondent No. 4 and 5 who are father and brother of the corpus.

This Court vide order dated 31.7.2013 had issued notice to the respondent No. 4 and 5.

Today Sri Pankaj Kumar Tyagi has put in appearance on behalf of the respondent No. 4 and 5 and has stated that the corpus is present before the Court.

The corpus has stated that she has come to the Court along with respondent No. 4 who is her father and she wants to go with her father.  She further states that she had not authorisied the deponent Piyush Jain to file the present habeas corpus petition on her behalf and she is not being illegally detained by the respondent no. 4 and 5.

Statement of the corpus, who has been identified by the learned counsel for the respondent No. 4 and 5, has been separately recorded in the order sheet of the case.

In the facts and circumstances of the case and in view of the statement of the corpus, present habeas corpus petition lacks merit and the same is hereby dismissed.

No order as to costs.

Order Date :- 28.10.2013

faraz