Smt. Neetu Gupta Thru. Her Brother Shubham Gupta v. State of U.P. Thru. Prin. Secy. Home U.P. Lko. and 5 Others

Court No. - 15 Case :- HABEAS CORPUS WRIT PETITION No. - 402 of 2023 Petitioner :- Smt. Neetu Gupta Thru. Her Brother Shubham Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And 5 Others Counsel for Petitioner :- Rakesh Chandra Rastogi,Chenawati,Pradeep Kumar Verma Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Ms. Mamta Singh, Advocate has put in appearance on behalf of respondent Nos.4 to 6 by filing a Vakalatanama, which is taken on record. Heard Mr. Rakesh Chandra Rastogi, learned Counsel for the petitioner, Ms.Mamta Singh, learned Counsel for respondent Nos.4 to 6, Mr. Vivek Kumar Gupta, learned A.G.A-I for the State-respondent Nos.1 to 3 and perused the material placed on record. The present petition of Habeas Corpus Writ Petition has been filed on behalf of the petitioner seeking following reliefs:- "

उपररकययचचकयममचनरचपतचकययगययतथयय,

कयरणयएववपररसससचतययकय

पररदशय मम ययचचकयकतयर चनमनलललखत ययचनय करतय हह चक :-

(A)

चवपककगणसवखयय2

तसय3

करमयननकयनययययलयआदयचशतकरनयकक

ककपयकरमचकययचचकयकतयरककबहनशकमतकनकततगगपयकरअचवलमबढतवढकर

मयननकयनययययलयकयसमकपसतगतकरम,

लजससयचकउसककपयणरकयहर

सकय।

(B)

यहचकचवपककगणसवखयय-2

तसय3

करपगननइसआशयकयचनदरश

मयननकयनययययलयदयरयचनगरतचकययजयययचकययचचकयकतयककबहनशकमतक

नकततगगपयकरउसकयनहसचगरकभयईअसवयपचतपवनगगपयककअचभरकयमम

चदययजययय।

(C)

अनयकरईअनगतरषजरमयननकयनययययलयनयययचहतममययचचकयकतयरकय

पकममचनगरतचकययजयनयउचचतसमझयचनगरतचकययजयनयककककपयककजययय।" Learned Counsel for the petitioner through her brother Shubham Gupta, submits that her sister disappeared while she was returning to her maternal home from paternal home, in this regard a missing report has already been filed on 16.12.2023 at Police Station-Saadatganj, District-Lucknow but the police is not taking any action for the recovery of her sister, thus, he submits that this Court may direct the police authorities to take action and recover his sister and produce her before this Court. Per contra, learned A.G.A-I submits that in the present case as the missing report has already been filed on 16.12.2023 before the concerned police station and the police is investigating the matter. He further submits that as per the instructions received from the concerned police station, the petitioner, namely-Smt. Neetu Gupta is living in Gujarat with her own sweet will and she is major, thus, no relief can be granted as prayed by the petitioner through her brother. He further submits that whatever grievance the petitioner's brother has, he may approach the concerned police officer by way of an application to expedite the investigation for recovery of his sister. Ms. Mamta Singh, learned Counsel for the respondent Nos.4 to 6 also made an agreement with the arguments of learned A.G.A. for the State-respondents. In view thereof, after considering the submissions made by learned Counsel for the parties and after perusal of the record, this Court finds force in the argument of learned A.G.A. as well as learned Counsel for the respondent Nos.4 to 6 as a missing report has already been filed on 16.12.2023 before the concerned police station and the petitioner through her brother, namely-Shubham Gupta is aggrieved by the in action on the part of the police authorities, thus, he may approach the correct forum for redressal of his grievance, no relief can be granted to the petitioner through her brother at this stage. With the aforesaid directions/observations, the present petition is disposed of Order Date :- 22.12.2023 Piyush/- High Court of Judicature at Allahabad, Lucknow Bench