In a habeas corpus petition, the respondent objected to the Court's territorial jurisdiction due to the alleged detention location. The petition was dismissed with liberty to file in Allahabad Court.
Writ petition dismissed with liberty to file a fresh petition before the High Court at Allahabad.
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Court No. - 16
Case :- HABEAS CORPUS WRIT PETITION No. - 155 of 2022
Petitioner :- Smt. Poonam Thru. Her Husband Avdesh Respondent :- Rati Ram And 2 Others Counsel for Petitioner :- Jitendra Bahadur Counsel for Respondent :- G.A.
Hon'ble Subhash Vidyarthi,J.
Heard Sri Jitendra Bahadur Singh, learned counsel for the petitioner and Sri Santosh Kumar Mishra, learned A.G.A. I for the State respondents.
Learned A.G.A. has raised a preliminary objection that the corpus for production of which, the instant petition for issuance of writ of Habeas Corpus has been filed, is alleged to be detained in District- Sambhal and therefore, this Court sitting at Lucknow has no territorial jurisdiction to entertain this writ petition.
Confronted with the aforesaid objection, learned counsel for the petitioner states that he may be permitted to withdraw the present petition with liberty to file a fresh petition before this Court at Allahabad.
Accordingly, the writ petition is dismissed with the aforesaid liberty.
Order Date :- 1.6.2022 Aditya
Digitally signed by ADITYA KUSHWAHA Date: 2022.06.02 10:19:34 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether this Court at Lucknow has territorial jurisdiction to entertain a writ petition regarding corpus detained in District Sambhal.
Poonam
Rati Ram
2 Others
Subhash Vidyarthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
