Habeas Corpus writ petition dismissed as infructuous after the State proved the detenue had been found dead and his/her body identified by relatives.
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Court No. - 66
Case :- HABEAS CORPUS WRIT PETITION No. - 429 of 2020
Petitioner :- Shahana Bano And Another Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Satyawan Yadav,Ranjeet Yadav Counsel for Respondent :- G.A.
Hon'ble J.J. Munir,J.
Counter affidavit filed on behalf of the State is taken on record.
The Superintendent of Police, Azamgarh, Sudhir Kumar Singh has appeared in person and filed an affidavit of compliance. He has indicated that the father of the detenue- Shahana Bano lodged a missing report on 06.02.2020. A copy of the FIR away from the record has been produced before the Court giving rise to Case Crime No. 158 of 2020, under Section 364 I.P.C., P.S. Nizamabad, District Azamgarh, reporting abduction of the detenue by her father. It is further indicated that the detenue has been found dead regarding which there is a G.D. entry dated 17.09.2020 being G.D. No. 22 of the said date, entered at police station Aalapur, District Ambedkar Nagar. The dead body has been identified by the detenue's relatives which includes her mother, father and sister. The stand, therefore, is that the detenue - Shahana Bano daughter of Abu Mohammad is dead and no more in this mortal world.
Accordingly, this writ petition has become infructuous. It is dismissed as infructuous.
Order Date :- 18.9.2020 BKM/-
Shahana Bano And Another
State Of U.P.
J.J. Munir
As recorded by the court registry
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