YOGENDRA KUMAR SRIVASTAVA
Soniya – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
1. Heard Sri Sushil Kumar Pandey, learned counsel for the petitioners and Sri Arvind Kumar, learned Additional Government Advocate appearing for the State – respondents.
2. The present petition for a writ of habeas corpus has been filed with a prayer to produce the corpus of the petitioner no.1, stated to be under detention.
3. A progress report/affidavit of the Circle Officer, City-I, District Muzaffarnagar was filed by the learned Additional Government Advocate on the previous occasion on 02.02.2021 and on the basis thereof a submission was made that the investigation had revealed that the petitioner no.1 had left her matrimonial home on her own on account of discord with her husband, petitioner no.2, for the reason that he is stated to have entered into another marriage and a child is also stated to have been born out of the wedlock and in view of the same it was contended that the present petition for a writ of habeas corpus would not be entertainable.
4. Learned counsel for the petitioners had prayed for an adjournment in order to address the Court on the aforesaid objection raised by the learned Additional Government Advocate.
5. Today, when the matter is taken up, the
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