2023 Supreme(Online)(All) 26777
ALLAHABAD HIGH COURT
DHARMVEER SINGH AND ANOTHER – Appellant
Versus
STATE OF U.P. AND 3 OTHERS – Respondent
HABC 530 2023
Neutral Citation No. - 2023:AHC:147298
Court No. - 79
Case :- HABEAS CORPUS WRIT PETITION No. - 530 of 2023
Petitioner :- Dharmveer Singh And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Gagan Pratap Singh
Counsel for Respondent :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Sri Devendra Mishra and Sri Arvind Kumar Mishra, Advocates
have put in appearance on behalf of corpus namely Smt. Bulbul by
filing their Vakalatnama, which is taken on record.
Heard Sri Gagan Pratap Singh, learned counsel for the petitioners,
learned A.G.A. for the State, Sri Sri Devendra Mishra and Sri
Arvind Kumar Mishra, learned counsel appearing for corpus and
perused the record.
This habeas corpus petition has been filed on behalf of Smt.
Bulbul through her husband namely, Dharmveer Singh with the
allegation that corpus is illegally detained by private respondent
no.4.
In compliance of order dated 12.6.2023 corpus, namely, Smt.
Bulbul is produced before this Court by Sub Inspector Akhilesh
Kumar and Constable Ms. Sonam Rani, Police Station Shahganj,
District Agra. Smt. Usha/respondent no.4 is also present before the
court.
On being queried, corpus namely, Smt. Bulbul states that she is
major and solemnized marriage with Dharmveer Singh/petitioner
no.1 and marriage was also registered on 19.1.2023. She further
states that she is willing to reside with her husband Dharmveer
Singh/petitioner no.1.
In view of above, since, the corpus is at present major and has
admitted her marriage with petitioner no.1 and wants to go with
her husband petitioner no.1 namely Dharmveer, the present habeas
corpus writ petition is liable to be allowed.
The habeas corpus writ petition is allowed and the corpus
petitioner no. 2 namely Smt. Bulbul is free to go with person of her
choice.
Registrar General of this Court is requested to hand over the bank
draft of Rs.30,000/- deposited in compliance of order dated
12.6.2023 to corpus namely Smt. Bulbul.
S.H.O., Shahganj, District Agra is directed to ensure safe travel of
corpus Smt. Bulbul along with her husband Dharmveer/petitioner
no.1 to the residence of petitioner no.1 in Agra.
Order Date :- 24.7.2023
Kpy
Digitally signed by :-
KAVLESHWAR PRASAD YADAV
High Court of Judicature at Allahabad