SHARDA Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner Smt. Sharda, widow of Yogendra Singh Bharti, daughter of Ratan Pal Singh, has filed this habeas corpus petition against the respondent Nos. 4 and 5 in particular with a prayer to issue a writ, order or direction in the nature of mandamus against them (respondent Nos. 4 and 5) commanding and directing them to produce and hand over her son Chinoo (corpus) before the Court, mainly on the ground inter alia, that she and her husband Yogendra Singh Bharti could not live happily and peacefully due to bad behaviour and torture of the respondent No. 5 Smt. Ganeshwati, wife of respondent No. 5 Lekhram, who are her mother -in -law and father -in -law respectively, that her husband Yogendra Singh Bharti ultimately committed suicide/murder on 25.5.2003, that after receiving information regarding the suicide/ death of her husband she along with her father, child/son named above reached Amroha/J. P. Nagar from the house of her father where she was living with her son Chinoo, on 26.5.2003, for participating in the funeral of her husband, that she (petitioner) and her father were beaten by respondent Nos. 4 and 5, that her son Chinoo was kidnapped by respondent Nos. 4 and 5, that the life of her son Chinoo is in danger and that she (petitioner) will suffer an irreparable loss and injury in the event of her son Chinoo not been handed over to her and also that Chinoo will be deprived of her love and affection, the respondent Nos. 4 and 5 have filed a joint counter -affidavit contradicting and controverting the allegations made by the petitioner against them and ascertaining therein inter alto that the life of Chinoo is not at all in danger, that the petitioner is a young lady and that the future of Chinoo will be doomed and ruined in the event of her marriage with some other person.

(2.) I have heard Sri Sheetal Rai, learned counsel for the petitioner, Sri H.C. Dwivedi, learned counsel for the respondent Nos. 4 and 5, learned Additional Government Advocate for the State and perused the record.

(3.) WHETHER Yogendra Singh Bharti committed suicide or he was murdered, who is/are responsible/accused in either case and whether Chinoo was kidnapped by respondent Nos. 4 and 5 or not, are such questions which cannot presently be taken into consideration for any purpose whatsoever in the present petition.