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2023 Supreme(All) 789

SHAMIM AHMED
Diksha Kumari @ Chutki Thru. His Grandmother (Nani) Smt. Sulekha Devi – Appellant
Versus
State Of U. P. Thru. Prin. Secy. Home Deptt. , Lko. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Bisunbablu Mishra, Amit Pandey

JUDGMENT :

1. Heard Shri Amit Pandey, Advocate alongwith Shri Bisunbablu Mishra, learned counsel for the petitioner, Shri Yyomesh Chandra Shukla, learned counsel for the opposite parties no. 4 to 7, Shri Diwakar Singh and Shri Hari Shanker Bajpai, learned Additional Government Advocates for the opposite parties 1 to 3 and perused the record.

2. The present Habeas Corpus Writ Petition has been filed by petitioner-Smt. Sulekha Devi, who is maternal grand mother (Nani) of detenue Diksha Kumari @ Chutki, with the following prayer :

    I. A writ, order or direction in the nature of Habeas Corpus directing the opposite parties to produce the detenue/Corpus before this Hon'ble Court and set her free from the clutches of opposite parties 4 to 7.

ii. Any other order or direction which this Hon'ble Court may deem just and proper under the circumstances of the case also be passed in favour of the petitioner.

iii. Award the cost of the writ petition in favour of the petitioner.

3. In compliance of this Court’s order dated 27.03.2023 petitioner, Sulekha Devi, (maternal grand mother of the detenue), opposite party 4-Vijay Modi, opposite party no.5-Reena Modi, opposite party no.6-Pankaj alias Bittu and

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