Allahabad High Court
Abdul Basit @ Farhan Ahmad ( Minor) Thru. ... vs State Of U.P. Thru. Prin. Secy. Home, ... on 3 November, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- HABEAS CORPUS WRIT PETITION No. - 333 of 2022 Petitioner :- Abdul Basit @ Farhan Ahmad ( Minor) Thru. His Father Faizan Ahmad Respondent :- State Of U.P. Thru. Prin. Secy. Home, Lko. And 3 Others Counsel for Petitioner :- Mohd.Mateen,Jai Shiva Pratap,Vikas Pandey Counsel for Respondent :- G.A. Hon'ble Mohd. Faiz Alam Khan,J.
Vakalatnama filed by Sri Dinesh Kumar on behalf of the opposite party no.4 is taken on record.
Heard Mohd. Mateen and Sri Vikas Pandey, learned counsel for the petitioner, Sri Dinesh Kumar, learned counsel for the opposite party no.4 and learned A.G.A. for the State as well as perused the record.
This Habeas Corpus petition has been filed by the petitioner to issue a direction in the nature of Habeas Corpus commanding and directing the opposite parties to produce the corpus before this Hon'ble Court and release him in favour of the petitioner.
In pursuance of order of this Court dated 11.10.2022, Sri Brijesh Tiwari, Station House Officer, Police Station Naka, District Lucknow has produced the corpus Abdul Basit @ Farhan Ahmad alongwith opposite party no.4 namely Naaz Siddiqui.
In presence of learned counsel for the parties, interaction was made with the alleged detenue namely Abdul Basit @ Farhan Ahmad. During the course of interaction, he stated that he is living with opposite party no.4 namely Naaz Siddiqui, who is the real sister of his maternal grandmother. During interaction, it is also revealed that detenue Abdul Basit @ Farhan Ahmad is living with opposite party no.4 namely Naaz Siddiqui with his free wish and he is being treated cordially and he is not having any apprehension and is enjoying the company of respondent no.4.
Thus, the above interaction with the detenue is sufficient to reveal that he has not been illegally detained by the opposite party no.4.
At this juncture, the next friend of the detenue / father Faizan Ahmad submits that he, being father of the detenue, be provided visiting rights. No objection in this regard has been raised by the respondent no.4.
Thus, having regard to all the facts and circumstances of this case including interaction made today with corpus, the instant writ petition is finally disposed of with direction that opposite party no.4 namely Naaz Siddiqui shall facilitate the meeting of the corpus namely Abdul Basit @ Farhan Ahmad with his father namely Faizan Ahmad twice in month i.e. on first and third Sunday of each months from 11:00 A.M. till 12:30 P.M. at the residence of respondent no.4.
It is also provided that during the course of such meeting, the father of the detenue namely Faizan Ahmad may bring eatable items as well as toys for the detenue.
The Station House Officer, Naka, Lucknow, who is personally present before this Court and within whose jurisdiction the residence of opposite party no.4 falls, is permitted to intervene for the smooth compliance of the order of this Court.
With the aforesaid directions, the writ petition is finally disposed of.
A copy of this order be immediately sent to the Station House Officer, Police Station Naka, District Lucknow for compliance through Commissioner of Police, Lucknow.
The instant order shall be subject to any order which may be passed by competent court in regular proceedings pertaining to the custody of the child.
Order Date :- 3.11.2022 Saurabh