Priyanka And Ors. vs State Of U.P.Throu.Its ...
2014 Latest Caselaw 773 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- HABEAS CORPUS No. - 104 of 2014
 

 
Petitioner :- Priyanka And Ors.
 
Respondent :- State Of U.P.Throu.Its Prin.Secy.Homes Civil Sectt.Lko.& Ors
 
Counsel for Petitioner :- Shashank Singh,Mukesh Singh
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Devendra Pratap Singh,J.

Hon'ble Zaki Ullah Khan,J.

Heard learned counsel for the petitioner, learned AGA and perused the record.

This habeas corpus petition has been filed by the petitioners for their production before this court from the illegal detention of the opposite parties.

It appears that the petitioner nos. 1 and 2 entered into a run away marriage against the wishes of their respective parents and therefore, a first information report was lodged as Case Crime No. 35 of 2014 under Sections 363, 366, 376 IPC and 4 of POSCO Act. The learned AGA has produced a copy of the order dated 3.4.2014 passed by the Additional Sessions Judge, Ambedkar Nagar by which the lady petitioner no. 1 was found to be minor and her custody was handed over to her parents. The petitioner no. 2 has been sent to jail.

Since the custody of the petitioner no. 1 cannot be termed as illegal since it is on the basis of a court order, no habeas corpus petition would lie on her behalf. So far as the petitioner no. 2 is concerned, he is in jail in the aforesaid criminal case and therefore also habeas corpus petition on his behalf is incompetent.

In view of the aforesaid, no case for interference is made out.

Accordingly, writ petition is dismissed.

Order Date :- 10.4.2014

AK