The court dismissed a writ petition for habeas corpus filed regarding the petitioner's arrest, finding that the party was released after interrogation and was no longer in detention, causing the petition's cause of action to fail.
The writ petition is dismissed and consigned to the record as the cause does not survive.
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Court No. - 29
Case :- HABEAS CORPUS WRIT PETITION No. - 11 of 2020
Petitioner :- Ashok Kumar Singh And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ram Awadh Mishra Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard Sri Siddarth Mishra learned counsel for the petitioners and learned A.G.A.
The petitioners have filed this writ petition for issuance of writ of Habeas Corpus to produce petitioner No.2 before the Court.
The allegation is that the petitioner No.2 was arrested in the night of 30.12.2019 without challaning him in connection with any FIR or in any criminal offence .
Learned A.G.A. was directed to seek instructions in the matter. According to his instructions the petitioner No.2 was only called for interrogation and was released thereafter.
Counsel for the petitioners accepts that the petitioner No.2, who was illegally arrested has reached his home and is no longer in any detention.
In view of above, as the corpus is available, the cause in petition does not survive. It is accordingly directed to be dismissed and consigned to record.
The instructions received by the A.G.A. are directed to be kept on record.
Order Date :- 20.1.2020 piyush
1 issue framed by the court
Whether the petition for habeas corpus survives when the petitioner has been released from custody prior to hearing.
Ashok Kumar Singh And Another
State Of U.P. And 2 Others
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
