The High Court dismissed a habeas corpus petition as infructuous because the detention order had expired due to the efflux of time after extensions. No substantive legal issue was decided.
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Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 20702 of 2021
Petitioner :- Sheebu Thru.Next Friend/Pairokar/Phupha Riyaj Ahmad Khan
Respondent :- U.O.I.Thru.Secy.Min.Of Home Thru.Dep.Secy.Internal Sec.Andor
Counsel for Petitioner :- Anil Kumar Tiwari,Raghvendra Singh
Counsel for Respondent :- G.A.,A.S.G.,Prashant Singh Atal
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
None appears on behalf of the petitioner to press this Habeas Corpus Writ Petition. Shri Umesh Chandra Verma, learned AGA for State-respondent is present. None appears on behalf of the complainant.
The instant Habeas Corpus Writ Petition has been filed on behalf of the petitioner with the following prayers:-
" Issue a writ order or direction in the nature of Certiorari quashing the impugned Confirmation Order dated 28/09/2021 passed by the Respondent no 2, as well as the Detention Order dared 30/06/2021 passed by the Respondent no 3/Detaining Authority contained in Annexure no 1 (A1, a) to the Writ Petition.
ii.) Issue a writ order or direction in the nature of Habeas Corpus declaring the impugned Confirmation Order 28/09/2011 passed by Respondent no 2 as well as the Detention Order dated 30/06/2021 passed by the Respondent no 3/Detaining Authority contained in Annexure no 1 (A1, a) to the Writ Petition illegal arbitrary and bad in law and release the petitioner from the detention forthwith, "
It transpires from the detention order dated 30.06.2021 that the same was extended for a period of three months and thereafter was again extended for six months by the State Government. Hence, the matter has become infructuous by efflux of time.
Accordingly, the petition is dismissed as infructuous .
However, it will be open for the parties to move appropriate application within two months from today, if the matter survives.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.) Order Date :- 9.12.2022 Arnima
Digitally signed by ARNIMA SINGH Date: 2022.12.09 17:24:07 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
Sheebu
Union of India
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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