Allahabad High Court

ANJU TIWARI (CORPUS) AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS

Decided: 4 May 2026
Bench: KRISHNA SWAROOP DHAR DWIVEDI SENIOR REGISTRAR CONF

Holding

The court held that there was no illegal custody as the alleged detainee was voluntarily residing with the respondent, so the habeas corpus petition could not be entertained.

Summary

The petitioners filed a habeas corpus petition alleging that Anju Tiwari, a friend of petitioner Jitendra Rai, was being held in illegal custody by Ajay Tiwari, a respondent. Respondent Ajay Tiwari countered that Anju Tiwari is his legally wedded wife and resides with him voluntarily, supporting this claim with an affidavit and a statement recorded under Section 161 of the Criminal Procedure Code. The court examined the affidavits and found no evidence of illegal detention. Consequently, the court concluded that the petition lacked a sufficient ground to proceed. The petition was therefore dismissed.

Issues considered

What constitutes illegal custody for the purpose of a habeas corpus petition?
Whether a voluntary residence claim supported by an affidavit and a Section 161 statement defeats a claim of illegal detention

Legislation cited

Code of Criminal Procedure, 1973 — s. 161

Subjects

habeas corpus
illegal detention
voluntary residence
Section 161 CrPC
custody

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                HABEAS CORPUS WRIT PETITION No. - 639 of 2023

                                    Anju Tiwari (Corpus) And Another
                                                                                                  .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 3 Others
                                                                                                .....Respondent(s)

                                    Counsel for Petitioner(s)        : Sashindra Kumar, Vinay               Bhushan
                                                                       Upadhyay
                                    Counsel for Respondent(s)        : G.A., Rakesh Kumar Mishra

                                    Court No. - 53
                                                          HON'BLE SANDEEP JAIN, J.

                                    None is present on behalf of the learned counsel for the petitioners.

                                    This habeas corpus petition has been filed claiming that the corpus, Anju
                                    Tiwari, who is a friend of Petitioner No.2, Jitendra Rai @ Jeetu, is in the
                                    illegal custody of Respondent No.4, Ajay Tiwari. However, a counter-
                                    affidavit has been filed by Respondent No.4, stating that the corpus is his
                                    legally wedded wife and is residing with him voluntarily. She has also
                                    submitted an affidavit to the police in this regard and has recorded her
                                    statement under Section 161 Cr.P.C.

                                    In view of the above facts, it cannot be said that the corpus is in the illegal
                                    custody of Respondent No.4; therefore, no ground is made out for
                                    entertaining this habeas corpus petition.

                                    The petition is accordingly dismissed.



                                                                                                (Sandeep Jain,J.)
                                    May 5, 2026
                                    Mayank




Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad

Continue reading with your account

Checking your session…