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Judgment
Shri Narayan Shukla, J.—As per direction of this Court Mr. Sanjay Kumar Verma, S.H.O. of Police Station Sadna, Tehsil Mishrikh, District Sitapur, who was directed to produce Sameeksha Srivastava, is present in the Court and informs that today she is appearing in the Examination of B.A. 1st Year.
On the basis of instruction, learned A.G.A., Mr. Rajendra Kumar Diwivedi informs that the mother of the alleged detenue, Sameeksha Srivastava, has lodged an F.I.R. against the Anil Srivastava, who claims himself as father of the children, under sections 363 and 366 of the Indian Penal Code for kidnapping of Sameeksha Srivastava on 19.1.2002. It appears that in retaliation this telegram has been sent through his children before this Court.
After going through the facts of the case as has been narrated hereinabove, I am of the view that the detention of Sameeksha Srivastava has been claimed just to create a defence in the case registered for kidnapping against him, whereas Sameeksha Srivastava is living her life happily with her mother with her own wishes. Therefore, it is not a case of detention.
The petition is dismissed with the cost of Rs. 5,000/, which shall be recovered from Anil Srivastava, resident at Village and PostRamshala, Police StationSadna, District Sitapur as arrears of land revenue.