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Allahabad High Court

Kaluwa @ Jitendra And Anr. vs State Of U.P. And Others on 8 July, 2010

Author: Bala Krishna Narayana

Bench: Bala Krishna Narayana

Court No. - 49

Case :- HABEAS CORPUS WRIT PETITION No. - 39170 of 2010

Petitioner :- Kaluwa @ Jitendra And Anr.
Respondent :- State Of U.P. And Others
Petitioner Counsel :- T.K. Mishra
Respondent Counsel :- Govt. Advocate

Hon'ble Bala Krishna Narayana,J.

Heard learned counsel for the petitioners and learned AGA. It is contended that corpus, petitioner No. 2, Smt. Seema is major and legally wedded wife of petitioner No. 1 but the respondent Nos.4 & 5 who are family members of the corpus forcibly took her away from the custody of the petitioner No. 1 and is detaining her illegally against her wish, hence the instant writ petition has been filed before this Court by the petitioners for issuing a writ of Habeas corpus directing the respondent Nos. 5 & 6 to produce the corpus Smt. Seema before this Court. Notice on behalf of respondent Nos. 1 to 3 has been accepted by learned AGA.

Issue notice to the respondent Nos.4 & 5 returnable within two weeks.

Learned AGA prays for and is allowed four weeks time for filing counter affidavit. The respondent Nos. 4 & 5 may also file counter affidavit within the same period.

List this case on 27.8..2010.

On that date, the respondent Nos. 4 & 5 shall produce the corpus, Smt. Seema, petitioner No. 2 before this Court.

Order Date :- 8.7.2010 Pk