Allahabad High Court
Smt. Sandhya @ Savita Sharma And 2 Others vs State Of U.P. And 6 Others on 10 May, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- HABEAS CORPUS WRIT PETITION No. - 555 of 2022 Petitioner :- Smt. Sandhya @ Savita Sharma And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Kartikey Singh Counsel for Respondent :- G.A.,Devendra Pratap Singh,Rajkumar Verma Hon'ble Om Prakash Tripathi,J.
1. List revised. None appears on behalf of the petitioner no. 3 to press this petition.
2. Learned A.G.A. and learned counsel for the respondent nos. 6 and 7 are present.
3. Learned counsel for the respondent nos. 6 and 7 submitted that the corpus petitioner no. 1 Smt. Sandhya @ Savita Sharma is sister of respondent nos. 6 and 7 and she is living with them due to harassment and ill treatment of petitioner no. 3-husband. The corpus petitioner no. 1 Smt. Sandhya @ Savita Sharma has filed an application under section 125 Cr.P.C. against the petitioner no.3 and thereafter the petitioner no. 3 husband has filed the present Habeas Corpus Writ Petition. In the application before the S.P., Mathura, the petitioner no. 3 has stated that from 8.10.2018, his wife and his son are living in illegal custody of respondent nos. 6 and 7 and after lapse of four years, this Habeas Corpus Writ Petition has been moved.
4. In view of the above, the petitioner no. 3-husband has failed to establish the custody of the petitioner no. 1 Smt. Sandhya @ Savita Sharma (corpus) as illegal or unlawful. Thus, this Habeas Corpus Writ Petition lacks merit and is liable to be dismissed.
5. This Habeas Corpus Writ Petition is accordingly, dismissed.
Order Date :- 10.5.2023 Monika