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Judgment
Hon''ble Prafulla C. Pant, J.—Heard.
By means of this writ petition moved under Article 226 of Constitution of India, the petitioner has sought writ in the nature of Habeas Corpus directing to produce the corpus of her son Yashveer Singh before this court.
The petitioner is mother of Yashveer Singh. Respondent no.3 Smt Poonam Chauhan is wife of the alleged detenue Yashveer Singh. A counter affidavit has been filed on behalf of the respondent no. 3 and 4 stating that Yashveer Singh lives in United States of America, and he is not in their custody. It appears that petitioner, and respondent no.3 are already in litigation in respect of some property. Respondent no.5 has also filed counter affidavit stating that the detenue is not in her custody. Counter affidavit has also been filed on behalf of the respondent no.1 and 2, in which it has been stated that respondent no.3 Poonam Chauhan told the police that Yashveer Singh presently works with Gill Logistics LLC, U.S.A with the name of Raja Chaudhary, and since his visa is lying with the Immigration Department, he is unable to come to India.
In the above circumstances, since the detenue is not the custody of the respondents, no writ in Habeas Corpus can be issued. Therefore, the writ petition is dismissed. (Misc. Application No. 7055 of 2011 also stands disposed of).