IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Habeas Corpus Petition No. 13/2010 Mohd. Asif …….Petitioner Versus State of Uttarakhand & Ors. …….Respondents Mr. AD Tripathi, Advocate for the petitioner. Mr. Amit Bhatt, Addl. GA for the State/respondents no. 1 & 2. None for the respondents no. 3 & 4. June 01, 2010 Hon’ble Dharam Veer, J. The petitioner has filed this writ petition seeking a writ in the nature of habeas corpus commanding the respondent no. 2/Station In-charge, PS Gadarpur, Udham Singh Nagar to produce the corpus Mahtab Jahan from the alleged unlawful custody of respondents no. 3 and 4. Heard learned Counsel for the parties and perused the record. The case as set out by the petitioner is that corpus Mahtab Jahan is his real sister, who is missing since 20.2.2010 and, therefore, he lodged the missing report with PS Gadarpur. In the meantime, he also continued searching his sister and later on came to know that his sister was abducted by respondent no. 3 Mohd. Yamin in collusion with respondent no. 4 Sahidurrahman, who are absconding since then. Thereafter he lodged an FIR with PS Gadarpur on 24.2.2010. Since his sister i.e. the corpus could not be recovered by the police, therefore, he also complained the matter to higher police authorities. But till date, his sister could not be recovered or released from the custody of respondents no. 3 and 4. A counter affidavit has been filed on behalf of State duly sworn in by respondent no. 2, SI Trilok Singh, In-charge, PS Gadarpur wherein it has been stated that the statement of corpus Mehtab Jahan was recorded under Section 164 CrPC before the SDM, Gadarpur, District Udham Singh Nagar on 24.4.2010. In her aforesaid statement, corpus Mehtab Jahan has stated that she is a major and has got married to respondent no. 3 Mohd. Yamin a year ago and ever since she is peacefully living with her husband and in- laws. She has further stated that her brother i.e. the petitioner has threatened to kill her as well as her husband and she does not want to go to her maternal house and wants to leave with her husband. After recording the aforesaid statement, Pargana Magistrate, Gadarpur passed an order dated 24.4.2010 vide which the corpus Mehtab Jahan as per her own free will was handed over to her husband/respondent no. 3. A copy of the said order dated 24.4.2010 has been enclosed as Annexure No. 1 to the counter affidavit. Having heard the submissions of learned Counsel for the parties and in view of the facts and circumstances of the case narrated above, I do not find any ground to issue any writ or order to produce the corpus Mahtab Jahan before the Court. The petition is devoid of merit and is liable to be dismissed in limine. Accordingly, the habeas corpus petition being devoid of merit is dismissed in limine. (Dharam Veer, J.) 1.6.2010 PRABODH 2