JUDGMENT :

1. Heard Sri Manish Dwivedi, learned counsel for the petitioner as well as Sri Ghanshyam Kumar and Sri Mohd. Afzal, learned counsels appearing for the State and perused the records of the case.

2. At the outset, learned A.G.A. has raised strong preliminary objection with regard to the maintainability of the present Habeas Corpus petition and floated certain arguments against this petition, which would be considered in the later part of the judgment.

3. From the petition, Sri Dwivedi, learned counsel for the petitioner has sought following prayer mentioned hereinbelow viz:-

"(a) Issue a writ, order or direction in the nature of Habeas Corpus direction the respondent no.2 to produce the corpus-Km. Poonam from the custody of respondent no.4(Manish Kumar Sharma) before this Hon'ble Court to ensure his safety and happy life.

(b) Issue any other suitable writ, order or direction, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.

(c) Award cost of this petition in favour of the petitioner."

In this petition, Ms. Poonam Kushwaha(25 years) is the daughter of Kailash Chandra Kushwaha who in fact, is the "petitioner no.2" has arrayed (i) State of U.