ALLAHABAD HIGH COURT
HIMANDRI SINGH SENGAR AND ANOTHER – Appellant
Versus
State of U.P. AND 3 OTHERS – Respondent
HABC 102/2020
Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 102 of 2020
Petitioner :- Himadri Singh Sengar And Another
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Om Prakash Yadav
Counsel for Respondent :- G.A.,Satish Chandra Dwivedi
Hon'ble J.J. Munir,J.
In compliance with the rule nisi issued on 03.02.2020, the
detenu Himadri Singh Sengar has been produced before
this Court by Smt. Ram Rani Singh Sengar, respondent no.
4. Sri Satish Chandra Dwivedi, learned counsel appearing
for respondent no. 4 has filed a counter affidavit. He also
identified Smt. Ram Rani Singh Sengar W/o the late
Rajesh Singh Sengar on the basis of papers produced
before him in his Chamber. Smt. Ram Rani Singh Sengar
in turn identified Smt. Himadri Singh Sengar, the detenu.
Accordingly, this Court proceeds to record the stand of the
detenu, which is recorded verbatim:
Q. Aapka Name?
Ans. Himadri Singh
Q. Aapki Aayu Kitni Hai?
Ans. 26 years.
Q. Aapke Pitaji ka Kya Name hai?
Ans. Rajesh Singh Sengar
Q. Aap Is Samay Kiske Pass Rah Rahi Hain?
Ans. Apni Maa k Pass Se.
Q. Saurabh Yadav Kaun Hai?
Ans. Mere Bhai Ka Dost.
Q. Aapne Saurabh Yadav Se Shadi Ki Hai?
Ans.Nahi.
Q. Petition ke Page No. 23 per Aapke Photographs Jo
Hain, Unke Bare Me Aapka Kya Kahna Hai?
Ans. Ye Photographs Kaise Ban Gayi, Mujhhe Nahi Pata.
Q. Aap Apni Maa Ke Pass Koi Jor Jabardasti Se to
Nahi Rah Rahi Hai?
Ans. Nahi.
Q. Aap Kahan Jana Chahti Hai?
Ans. Apne Maa Ke Pass.
Heard Sri Om Praksash Yadav, learned counsel for the
petitioners, Sri Satish Chandra Dwivedi, learned counsel
appearing for respondent no. 4 and Sri Gyan Prakash
Singh, learned State Law Officer for the respondent nos. 1,
2 and 3.
Considering the stand taken by the detenu Himadri Singh
Sengar, it is evident that she is not in illegal confinement
of respondent no. 4. She is staying with the 4th respondent
of her free will and wish.
In this view of the matter, the rule nisi issued cannot be
made absolute. The rule stands discharged. This petition
stands dismissed.
Order Date :- 22.10.2020
Deepak
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