The Court dismissed a Habeas Corpus petition challenging illegal custody and detention orders as infructuous due to the efflux of time, noting it should be moved again if the matter survives within two months.
Habeas Corpus petition dismissed as infructuous.
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Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 24960 of 2021
Petitioner :- Dilshad Thru.Maternal Uncle And Next Friend Mohammad Hanif Respondent :- U.O.I.Thru.Secy.Gov.Of India Min.Of Home New Delhi And Ors. Counsel for Petitioner :- Jitendra Prakash Mishra Counsel for Respondent :- G.A.,A.S.G.,Pooja Singh
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
None appears on behalf of the petitioner to press this Habeas Corpus Petition.
Mr. Umesh Chandra Verma, learned A.G.A. for the State-respondent is present, but none appears on behalf of the Union of India.
This Habeas Corpus Petition has been filed by the petitioner for the following reliefs:
"(i) Issue a writ order or direction in the nature of Habeas Corpus commanding the opposite parties to release the detenue from their illegal custody, forthwith.
(ii) Issue a writ order or direction in the nature of certiorari quashing the detention order dated 21.12.2020 passed by the District Magistrate, Lakhimpur Kheri as well as the order dated 30.12.2020 and order dated 13.09.2021 passed b the opposite party No.2 (contained as Annexure No.1, 2 and 3). "
It transpires from the prayer made in the present Habeas Corpus Petition as well as in the detention order that by efÒux of time, the instant Habeas Corpus Petition has become infructuous.
Accordingly, the present Habeas Corpus Petition is dismissed as infructuous.
However, it is open for the petitioner to move an appropriate application within two months from
today, if the matter survives.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 14.12.2022 A.K. Singh
Digitally signed by ASHISH KUMAR SINGH Date: 2022.12.15 11:51:11 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the Habeas Corpus Petition filed to seek release of the detenue from custody should be allowed despite the petition becoming infructuous due to efflux of time.
Dilshad
U.O.I.Thru.Secy.Gov.Of India Min.Of Home New Delhi
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
