ALLAHABAD HIGH COURT
ARPITA SHARMA AND ANOTHER – Appellant
Versus
State of U.P. AND 6 OTHERS – Respondent
HABC 491 2020
Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 491 of
2020
Petitioner :- Arpita Sharma And Another
Respondent :- State Of U.P. And 6 Others
Counsel for Petitioner :- Rajesh Tripathi,Ashok Kumar
Upadhyay
Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
In compliance with the rule nisi issued on 05.10.2020, the
detenue, Arpita Sharma, has been produced by Santosh Paul
(789 C.P.) posted at Police Lines, Prayagraj, who has identified
the detenue. This Court, accordingly, proceeds to ascertain the
stand of the detenue in the matter, which is recorded verbatim :-
Q. Aapka naam?
A. Arpita Sharma.
Q. Aapke pitaji ka naam?
A. Shiv Kumar Sharma.
Q. Aapki aayu?
A. 19 saal.
Q. Aap kahan se aayi hain?
A. Rajapur se.
Q. Aap kiske paas se aayi hain?
A. Apne husband ke saath.
Q. Aapke husband ka naam?
A. Mohammad Zaid
Q. Unke pita ka naam?
A. Aziz Ahmad.
Q. Kya aap apni marzi se apne pati ke saath hain?
A. Ji.
Heard learned counsel for the petitioners and learned A.G.A.
appearing on behalf of the State.
It is not disputed by learned counsel for the petitioners that as of
date, the first petitioner, Arpita Sharma, is a major. Going by the
stand of the first petitioner, Arpita Sharma, she is staying with
the fourth respondent, whom she claims to have married of her
freewill. She says that she is not in any illegal confinement.
Accordingly, the rule nisi cannot be made absolute. The rule is,
therefore, discharged.
In the result, the writ petition fails and stands dismissed.
Order Date :- 7.10.2020
I. Batabyal