ALLAHABAD HIGH COURT
MOHD HAJRAT SHEKH @ HAJRAT ALI AND ANOTHER – Appellant
Versus
State of U.P. AND 5 OTHERS – Respondent
HABC 364 2020
Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 364 of 2020
Petitioner :- Mohd Hajrat Shekh @ Hajrat Ali And Another
Respondent :- State Of U.P. And 5 Others
Counsel for Petitioner :- Kanchan Ranjan
Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Sri Aadesh Kumar Srivastava, Advocate has put in appearance
on behalf of petitioner no. 2. It is taken on record.
Heard Ms. Kanchan Ranjan and Sri Aadesh Kumar Srivastava,
learned counsel appearing on behalf of the petitioners and
learned A.G.A. on behalf of the State- respondents.
A perusal of the report of the learned Chief Judicial Magistrate,
Allahabad shows that notice upon respondent nos. 4,5 and 6
has been personally served. However, no one has put in
appearance on their behalf.
In compliance with the rule nisi issued on 03.09.2020, the
detenue-petitioner no. 2, Jubaida Khatoon @ Jubaida Bibi has
been produced before this Court by Lady Constable, Archana
Srivastava (P.N.O.162303751) posted at P.S. Kareilly, District
Prayagraj, who has identified the detenue before this Court. The
Court, accordingly, proceeds to ascertain the detenue's stand in
the matter, which is recorded verbatim:
Q. Aapka naam?
A. Jubaida Bibi.
Q. Aapke pitaji ka naam?
A. Jiddi Shekh
Q. Koi aur naam hai unka?
A. Nahi.
Q. Aapki aayu?
A. 19 saal.
Q. Kaise maloom, aap High School paas hain?
A. Nahi.
Q. Aapne shadee kee hai?
A. Ji (she nodded her head in affirmation)
Q. Kisse kee hai?
A. Hajrat Shekh se.
Q. Aap kaha rahna chahati hain?
A. Ammi ke paas.
Q. Mohd. Hajrat Shekh ke paas nahi rahna chahati?
A. Nahi.
Considering the stand that the detenue has taken before this
Court, there is no case of unlawful or illegal detention made
out. The rule nisi dated 03.09.2020 is discharged and this
petition stands dismissed. The detenue shall be escorted back to
the safety of her parents home with the police escort who have
produced her before the Court.
Order Date :- 10.9.2020
BKM/-