Judgment

HIDAYATULLAH, J. This judgement will govern the disposal of Criminal Appeals Nos. 227 and 228 of 1960. In both these appeals the appellant is one Mohammad Ikram Hussain an advocate of the Allahabad High Court residing in 49, Zero Road, Allahabad. The second respondent in these appeals is one Mahesh Prasad, a resident of 4, Gujrati Mohalla, Allahabad City but who has not appeared in this Court. The other two respondents are the State of U.P. on whose behalf a belated appearance was made by Mr. C. P. Lal, Advocate and the Station House Officer, Kotwalli, Allahabad who was not represented at the hearing. The two appeals are in a sense connected and impugn two orders of the High Court of Allahabad made respectively on August 26,1960 and September 16,1960. They were passed in a proceeding initiated by Mahesh under S. 491, Criminal Procedure Code and Art. 226 of the Constitution for a writ , order or direction in the nature of a writ of habeas corpus to release his alleged wife Kaniz Fatima @ Sheela from unlawful detention by the appellant and for delivery of the said Kaniz Fatima to him. The first order was made by the High Court, overruling the objections of the appellant, dire