Smt. Soney Sri Alias Ram Rati Throu ... vs State Of U.P.Throu.Secy.(Home) ...
2015 Latest Caselaw 4535 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 

 
Case :- HABEAS CORPUS No. - 264 of 2015
 
Petitioner :- Smt. Soney Sri Alias Ram Rati Throu Her Husband Darshan
 
Respondent :- State Of U.P.Throu.Secy.(Home) Lko.And Ors.
 
Counsel for Petitioner :- Sudhir Kumar Pandey,S.K.Tiwari
 
Counsel for Respondent :- Govt.Advocate
 

 
Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the petitioner and learned A.G.A. for the State.

This habeas corpus writ petition has been filed on behalf of the petitioner Smt. Soney Sri alias Ram Rati through her husband, Darshan alleging that the detenue who is his legally wedded wife and is major is being illegally detained by her brother-in-law (Sadu), respondent no. 4 and hence a writ of habeas corpus be issued directing the respondent no. 4, Rajesh to produce the corpus of the detenue Smt. Soney Sri alias Ram Rati before this Court and set her at liberty.

When this matter was taken up today, learned counsel for the petitioner has informed the Court that the respondent no. 4 has released the detenue and she is present in the Court today along with her husband, Darshan.

Upon being quizzed by the Court, Smt. Soney Sri alias Ram Rati who was identified by her counsel, stated that although the respondent no. 4 was illegally detaining her but after being served the notice of this writ petition she has been released.  Her husband, Darshan has also appeared before this Court and stated that he apprehends danger to the life of the petitioner/detenue as well as his own life from the relatives of his wife.  Since the detenue has already been released, no order regarding her being set at liberty is required to be passed.  However, considering the apprehension expressed by Darshan, husband of the detenue before this Court regarding danger to his life and that of his wife (detenue), it is provided that in case the detenue and her husband, Darshan move any application before the S.S.P., Lucknow for being provided police security, he shall pass appropriate order thereon forthwith.

This habeas corpus writ petiton is finally disposed of with the aforesaid directions.

Order Date :- 24.11.2015/Faridul