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Uttarakhand High Court
Anr vs High Court Of Judicature At Allahabad on 25 March, 2026
Author: Ravindra Maithani
Bench: Ravindra Maithani
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGE'S ORDERS
No. directions and
Registrar's order
with Signatures
HABC No.07 of 2026
Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Mr. Ankush Kumar Tyagi, learned counsel for the
appellant.
2. Mr. J. S. Virk, learned Deputy A.G. for the State.
3. It is habeas corpus petition filed by the petitioner
(husband) seeking corpus of his wife (respondent no.7).
It is a case of the petitioner that he and respondent no.7
are in a romantic relationship. They married on
15.02.2026. But the family members of respondent no.7
were not agreeable to it, therefore, they extended
threats, which compelled the petitioner to prefer a Writ
Petition (Criminal) No.7635 of 2026, Smt. Rahimeen &
Anr. Vs. State of U.P. & Others, before the Hon'ble
High Court of Judicature at Allahabad, in which
protection order was passed. But subsequent to it, an
FIR was lodged against the petitioner. The respondent
nos. 5 & 6 also took respondent no.7 away from the
house of the petitioner.
4. It is also brought on record that FIR No.82 of
2026 has been lodged against the petitioner by
respondent no.4, which FIR has been put to challenge
by the petitioner in Writ Petition (Criminal) No.416 of
2026, in which protection order has been passed.
5. Learned counsel for the petitioner submits that
wife (respondent no.7) of the petitioner has been
illegally detained by respondent nos. 4, 5 & 6.
6. Learned State counsel, on instructions, submits
that on 13.03.2026, respondent no. 7 was examined,
under Section 183 of BNSS, 2023 by the Judicial
Magistrate, Jaspur, District Udham Singh Nagar
wherein she stated that she had been deceitfully taken
away by the petitioner to Allahabad, where her
signatures were subsequently obtained on certain
papers; she somehow managed to release herself from
his clutches
7. On it, learned counsel for the petitioner submits
that it appears that the statement of the victim was
recorded under the pressure of respondent nos.4, 5 and
6 before the Magistrate. He further submits that an
independent assessment of the condition of respondent
no.7 would be made by recording her statement either
before this Court or before some other Court.
8. Admittedly, petitioner and respondent no.7 had
filed a petition in the High Court of Allahabad, wherein
they stated that they were married and major. It is also a
fact that, subsequently, respondent no.7 has given a
different version in her statement under Section 183 of
BNSS, 2023.
9. In view of it, we are of the opinion that
respondent no.3 may be directed to produce respondent
no.7 through video conferencing before this Court so
that her statement may be recorded. This may be done
from District Court Complex, Udham Singh Nagar.
10. Let respondent no.3 Station House Officer, Police
Station Jaspur ensure production of respondent no.7 in
the video conferencing room of District Court, Udham
Singh Nagar on 01.04.2026. Respondent no.7 shall be
produced in adequate lady Police Officers/officials
protection.
11. The Court also requests the District Judge,
Udham Singh Nagar to issue directions so that when
respondent no.3 Station House Officer, Police Station
Jaspur produces respondent no.7 in the Court Complex,
she is taken to the video conferencing room of the
District Court so that she may join this Court at 10:30
AM on 01.04.2026.
12. This Court requests the Government Counsel to
inform respondent no.3 accordingly.
13. List this matter on 01.04.2026 at 10:30 AM.
14 Let a copy of this order be issued to all the
concerned today itself.
(Siddhartha Sah, J.) (Ravindra Maithani, J.)
25.03.2026
Akash
