Habeas corpus petition seeking liberty of petitioner; Court dismissed as infructuous where police report confirms victim was murdered by husband and others, and accused arrested.
Writ petition dismissed as infructuous due to death of corpus and arrest of accused.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 293 of 2019
Petitioner :- Shivani And Another Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Ajay Kumar Chaurasia Counsel for Respondent :- G.A.,Avanish Kumar Shukla,Mithilesh Kumar Shukla
Hon'ble Rajul Bhargava,J.
The present habeas corpus writ petition has been filed with a prayer for issuing a writ, order or direction in the nature of habeas corpus directing the respondent nos. 2 and 3 to produce the corpus- Smt. Shivani before the Court and set her at liberty.
Pursuant to order dated 15.10.2019, S.S.P. Agra and present S.H.O., P.S. Shahganj, Agra are present before the Court. Progress report has been filed personally by Sri Babloo Kumar, S.S.P. Agra in which it is stated that after thorough investigation, evidence has been collected that the corpus Smt. Shivani infact has been eliminated by her husband Pushkar Singh, mother-in-law Gayatri Devi and one other accused and in this behalf sufficient evidence has been collected against them. It is further stated para-12 that aforesaid accused have been arrested and have been sent to jail. In the progress report it is further stated that disciplinary action has been taken against the then S.H.O. Rajeshwar Yadav.
In the light of the averment made in the progress report it transpires that corpus has been murdered by her husband and other accused thus the present habeas corpus writ petition has become infructuous.
Accordingly, the present habeas corpus writ petition is dismissed as having become infructuous.
Order Date :- 6.11.2019 Dhirendra/
Shivani And Another
State Of U.P.
Rajul Bhargava
As recorded by the court registry
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