Allahabad High Court
AMAN RATHORE AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The court held that the habeas corpus petition is not maintainable as the petitioner is already involved in criminal proceedings and no separate ground for relief exists.
Summary
The petitioners sought a writ of habeas corpus for Aman Rathore, alleging he was being illegally detained by his estranged wife and her relatives. The court noted that Aman’s marriage involved a dowry dispute, leading the wife to file an FIR under sections of the B.N.S. and the Dowry Prohibition Act. The husband and his relatives subsequently filed a criminal miscellaneous writ petition to stay their arrest, which was granted by a division bench. The court observed that the present petition merely challenges a criminal proceeding already stayed, and no independent ground for habeas corpus exists. Consequently, the writ petition was dismissed.
Issues considered
- Whether a habeas corpus petition is maintainable when the detainee is subject to pending criminal proceedings.
- Whether the alleged private detention by the wife and her relatives can be intervened by the court despite the existence of a criminal FIR and stay order.
Legislation cited
- B.N.S. — s. 115(2), 351(2), 352, 85
- Dowry Prohibition Act, 1986 — s. 3, 4
Subjects
- habeas corpus
- illegal detention
- dowry harassment
- criminal proceedings
- stay of arrest
- family law
- domestic violence
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 396 of 2026
Aman Rathore And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Sanjay Kumar Dubey
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Learned counsel for the petitioner submits that the corpus, Aman Rathore,
is the brother of the petitioner, Vinay Rathore, and is in the illegal custody of
private respondent nos.4, 5 and 6, who are the estranged wife and relatives
of the wife of the corpus. He further submits that, in this regard, a complaint
was made to the concerned police authorities of District Hathras on
15.07.2025, but no action has been taken thereon.
2. I have heard learned counsel for the petitioner and perused the documents
annexed with the writ petition.
3. It is apparent from the documents annexed with the writ petition that the
marriage of the corpus, Aman Rathore, was solemnized with respondent
no..4, Smt. Preeti, on 18.07.2021. It is alleged that at the time of marriage,
an amount of Rs.15,00,000/- (Rupees Fifteen lakhs) was spent by the father
of the respondent-wife. However, the corpus and his relatives were not
satisfied with the said amount and demanded a Swift Dzire car as additional
dowry. On non-fulfilment of the said demand, the respondent-wife was
subjected to mental and physical harassment and cruelty and was also
abused and assaulted. Ultimately, she was compelled to leave her
matrimonial home.
4. It is further apparent that the respondent-wife, Smt. Preeti, lodged an
F.I.R. on 04.08.2025, registered as Case Crime No.384 of 2025, under
Sections 85, 115(2), 352 and 351(2) of the B.N.S. and Section 3/4 of the
Dowry Prohibition Act, at Police Station Jait, District Mathura.
HABC No. 396 of 2026
2
5. It is also apparent from the record that the petitioner and other relatives of
the husband have filed Criminal Misc. Writ Petition No.22825 of 2025,
Vinay Rathore @ Ashu and others vs. State of U.P. and others, seeking stay
of their arrest, and by order dated 07.10.2025 passed by a Division Bench of
this Court, their arrest, pursuant to the aforesaid F.I.R. lodged by the
estranged wife, has been stayed.
6. Thus, it is apparent that the corpus is facing criminal proceedings initiated
by his wife, Smt. Preeti. In the aforesaid circumstances, no ground is made
out for entertaining the instant habeas corpus petition.
7. Accordingly, the instant habeas corpus petition is dismissed.
(Sandeep Jain,J.)
September 18, 2026
Jitendra
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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