/319/2024 of SMT. HASEENA THRU. HER HAUBAND SRI MOHD. ISTIKHAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND 4 OTHERS
Court: Allahabad High Court
Bench: SAURABH LAVANIA
Judgment date:
Case summary
Allahabad High Court judgment dated 2024-11-28. /319/2024 of SMT. HASEENA THRU. HER HAUBAND SRI MOHD. ISTIKHAR v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF...
Judgment text
Neutral Citation No. - 2024:AHC-LKO:78983 Court No. - 12 Case :- HABEAS CORPUS WRIT PETITION No. - 319 of 2024 Petitioner :- Smt. Haseena Thru. Her Hauband Sri Mohd. Istikhar Respondent :- State Of U. P. Thru. Prin. Secy. Deptt. Of Home Lko. And 4 Others Counsel for Petitioner :- Chandra Bhanu Singh Counsel for Respondent :- G. A. Hon'ble Saurabh Lavania,J. 1. Shri Mohd. Irfan Siddiqui, Advocate, has put in appearance and filed his Vakalatnama on behalf of opposite party no. 5 and detenue Haseena, which is taken on record. 2. Heard learned counsel for the petitioner, learned counsel for opposite party no. 5 as well as learned A. G. A. and perused the record. 3. The present petition has been filed seeking the following main relief:- "(i) issue a writ, order in the nature of Habeas Corpus directing the opposite parties no. 3 to produce the detenue before this Hon'ble court and after taking statement set free the detenue at her liberty. " 4. In terms of order dated 25. 10.
2024, the detenue/Smt. Haseena w/o Mohd. Istikhar, has been produced before this Court by S. H. O. , Police Station -Kachhauna, District Hardoi. She has been identified by her counsel. 5. On 25. 10. 2024 the following order was passed:- "Learned counsel for the petitioner submitted that the detenue is the wife of the petitioner/Mohd. Istikhar and has been illegally detained by opposite party Nos. 3 to 5. Considering the facts of the case, let notice be issued to opposite party Nos. 3 to 5, returnable at an early date. Steps be taken within seven working days. List this case on 28. 11. 2024 as fresh. Let detenue/Smt. Haseena W/o Mohd. Istikhar, be produced before this Court on the next date of listing by S. H. O. , Police Station-Kachhauna, District-Hardoi. On the next date, a draft amounting to Rs. 35,000/- would be provided to the detenue/Smt. Haseena by the petitioner, before this Court, as stated by learned counsel for the petitioner. " 6.
The amount indicated in the order dated 25. 10. 2024, i. e. a draft amounting to Rs. 35,000/- has not been placed before this Court. 7. The detenue - Smt. Haseena w/o Mohd. Istikhar says that she does not want to accompany the next friend. 8. Accordingly, the petition is dismissed. The amount of Rs. 35,000/- shall be recovered from the next friend, namely, Mohd. Istikhar as arrears of land revenue and shall be paid by the Collector to the detenue/Smt. Haseena within two months from the date of production of a certified copy of this order. Order Date :- 28. 11. 2024 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench
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