Deepmala Giri And Another vs State Of U.P. And 3 Others

Heard Sri Avnish Kumar Rai learned counsel for the petitioners and learned AGA for the State.

This habeas corpus writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Habeas Corpus commanding the respondent no.4 to produce the petitioner no.1 forthwith, who is under illegal detention of respondent no.4 before this Hon'ble Court and her custody be given to the petitioner no.2 forthwith by this Hon'ble Court and she may be set at liberty.

This Court vide order dated 24.8.2021 passed the following order:-

"1. Sri Arya Suman Pandey, learned counsel for the petitioner.

Issue notice to respondent no. 4 through C.J.M, Ghazipur for production of corpus of petitioner no. 1 - Smt. Deepmala Giri on or before the next date. Petitioner to take steps to supply copy of the writ petition to the Registry during course of the day for taking necessary steps.

List on 2.9.2021."

Today when the case is taken up, learned counsel for the petitioners Sri Avnish Kumar Rai submits that petitioner no.1 Deepmala Giri daughter of Sri Anjani Kumar Giri is present before this Court, but she has been brought before this Court by petitioner no.2 Dharmendra Bharti and not by her father Anjani Kumar Giri respondent no.4 to whom notice was issued by this Court to produce the corpus.

On being asked by this Court from petitioner no.1 Deepmala Giri as to who has brought her before this Court, she has stated that she has been brought by petitioner no.2 Dharmendra Bharti before this Court. On being further asked from petitioner no.1 as to what is her age, she has stated that her date of birth is 1.8.1997 and her age is 24 years, therefore she is major. She has further stated that she is graduate.

Sri Avnish Kumar Rai, learned counsel for the petitioners further submits that petitioner no.2 Dharmendra Bharti is also present before this Court. When this Court asked the petitioner no.2 whether he has produced the petitioner no.1 before this Court, he has stated that the father of petitioner no.1 refused to produce petitioner no.1 before this Court, therefore petitioner no.1 Deepmala Giri came to Allahabad with him from District Ghazipur.

Learned AGA has pointed out that corpus petitioner no.1 Deepmala Giri is present before this Court and she has been brought before this Court by petitioner no.2 Dharmendra Bharti, therefore, she is not in illegal custody of respondent no.4 Anjani Kumar Giri, father of the corpus and hence, this habeas corpus writ petition is not maintainable.

In view of the above, this habeas corpus writ petition is not maintainable as the petitioner no.1 is not in illegal custody of respondent no.4. Accordingly, the writ petition is dismissed as not maintainable.

Petitioner no.1 Deepmala Giri is major, therefore she is free to go wherever and with whomsoever she wants to go on her own sweet will.