SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

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/-

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top