1 IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Writ Petition No. 15 of 2011 with Stay Application No. 7055 of 2011 Smt. Kusum Lata @ Meghna through her power of attorney holder Vijan Beer Singh S/o Shri Raghubir Singh R/o 322 (old No. 614) Rajender Nagar, Street No.4, Kaulagarh Road, Dehradun. …………… Petitioner Versus 1. State of Uttarakhand, through Secretary Home, Govt. of Uttarakhand, Dehradun, Uttarakhand 2. Station House Officer, Police Station Cantt District Dehradun 3. Smt Poonam Chauhan W/o Shri Yashweer Singh R/O 22/21 Old Survey Road Dehradun 4. Lekhraj S/o Late Shri Ray Singh Rawat R/o 27 Kesav Road, Dehradun 5. Dinesh Kumar Agarwal S/o Late Shri Chunni Lal R/o 34 Maligaon Mohalla Dehradun 2 …………..Respondents. Shri Lalit Sharma, Advocate, present for the petitioner Shri T.C.Aggarwal, Additional G.A, present for the State. Hon’ble Prafulla C. Pant, J. Heard. (2) 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. (3) 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. 3 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. (4) 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). (Prafulla C. Pant, J.) Dt.17.10.2011 NP 4