Supreme Court - Daily Orders
Ivy Lata Bora Shyam vs State Of U.P. Thru. Secy. Home Civil ... on 23 January, 2017
Bench: Adarsh Kumar Goel, Uday Umesh Lalit
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 166 of 2017
(Arising out of SLP(CRL.)No.5965 of 2016)
IVY LATA BORA SHYAM AND ORS. Appellant(s)
VERSUS
STATE OF U.P. THRU. SECY.
HOME CIVIL SECTT. LKO. AND ORS. Respondent(s)
O R D E R
Leave granted.
This appeal has been preferred against judgment and order dated 5th July, 2016 passed by the High Court of Judicature at Allahabad, Lucknow Bench, in Habeas Corpus Petition NO.399 of 2015.
It is submitted by learned counsel for the appellants that there is a matrimonial dispute going on between petitioner No.1-wife and respondent no.11-husband. Having regard to these circumstances, we are of the view that it was not open to the High Court to entertain habeas corpus petition filed by the husband.
Accordingly, we allow this appeal and set aside the impugned order.
Applications, if any, shall also stand disposed of.
..........................J. (ADARSH KUMAR GOEL) Signature Not Verified Digitally signed by MAHABIR SINGH Date: 2017.01.24 16:31:10 IST Reason: ..........................J. (UDAY UMESH LALIT) New Delhi, JANUARY 23, 2017.
ITEM NO.4 COURT NO.11 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 5965/2016
(Arising out of impugned final judgment and order dated 05/07/2016 in HCP No. 399/2015 passed by the High Court Of Judicature at Allahabad, Lucknow Bench) IVY LATA BORA SHYAM AND ORS. Petitioner(s) VERSUS STATE OF U.P. THRU. SECY.
HOME CIVIL SECTT. LKO. AND ORS. Respondent(s) (With interim relief and office report) Date : 23/01/2017 This petition was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE UDAY UMESH LALIT For Petitioner(s) Ms. Madhusmita Bora,Adv.
Ms. Archana Singh,Adv.
Mr. Pawan Kishore Singh,Adv. Mr. Madhur Dadlani,Adv.
For Respondent(s) Ms. Pragati Neekhra,Adv.
Ms. Garima Bajaj,Adv.
Mr. Suryanaran Singh,Adv.
Mr. A. Qadir,Adv.
Mr. Fuzail Ahmad Ayyubi,Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted.
In terms of the signed order, this appeal is allowed.
(MAHABIR SINGH) (VEENA KHERA) COURT MASTER COURT MASTER
(Signed order is placed on the file)