Court No. - 66

Case :- HABEAS CORPUS WRIT PETITION No. - 564

of 2020

Petitioner :- Rehan Hashmi And Another

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Santosh Kumar Shukla

Counsel for Respondent :- G.A.

Hon'ble J.J. Munir,J.

In compliance with the rule nisi issued by this Court on

09.11.2020, the detenue, Afrin, has been produced before

this Court by Sub-Inspector Upendra Yadav and Lady

Constable Sapna Yadav (PNO No. 112102122), posted at

Police Station - Soraon, District - Prayagraj, who have

identified the detenue before the Court. This Court,

accordingly, proceeds to ascertain her stand in the matter,

which is recorded verbatim :-

Q. Aapka naam?

A. Afrin Bano.

Q. Aapke pitaji ka naam?

A. Mohd. Mustafa.

Q. Aapki umra?

A. 20 saal.

Q. Aap iss waqt kahan se aayi hain?

A. Sewaith se.

Q. Aap kiske paas se aayi hain?

A. Maeke mein thi.

Q. Ye Rehan Hashmi kaun hai?

A. Hamare husband.

Q. Aap kahan rehna chahti hain?

A. Apne maeke mein.

Q. Kya aap wahan apni marzi se reh rahi hain?

A. Haa.

Q. Aap apne husband ke paas kyu nahi rehna chahti?

A. Wo mujhe maarte-peette hain.

Heard Sri S.K. Shukla, learned counsel for the petitioners

and Sri Sanjay Sharma, learned A.G.A. appearing on

behalf of the State. No one appears on behalf of

respondent no. 4.

Considering the stand taken by the detenue, Smt. Afrin, it

is apparent that she is not in illegal confinement. It is quite

another matter that she might have issues with her

husband, on account of which, she is staying with her

father, but that cannot lead to an inference that she is in

illegal confinement.

In view of above, the rule nisi cannot be made absolute. It

is, accordingly, discharged.

In the result, the writ petition fails and stands dismissed.

Order Date :- 11.11.2020

I. Batabyal