Case :- HABEAS CORPUS WRIT PETITION No. -…
The habeas corpus writ petition was dismissed as the prayer to produce the corpus had become infructuous due to the petitioner's death.
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Court No. - 90
Case :- HABEAS CORPUS WRIT PETITION No. - 860 of 2019
Petitioner :- Smt. Sheetala And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Dinesh Kumar Kashyap Counsel for Respondent :- G.A.,A/B0097,Beerendra Singh Pal
Hon'ble Mrs. Sadhna Rani (Thakur),J.
Learned counsel for the petitioner is present.
He submitted that corpus petitioner no.1 has been murdered by respondents no.4 and 5 along with some other co-accused persons. F.I.R. in this regard was lodged by the petitioner no.2, Jagraj Singh against respondents no.4 and 5 and other coaccused persons. He further submitted that as chargesheet has been filed in that case so there is no need to continue with this petition.
He prayed that there is no useful purpose to continue with this petition, the Court may pass order accordingly.
From perusal of the record, it appears that all the above facts have already come in the ordersheet. Time of instructions was being sought by learned A.G.A. since last one year but no instructions have been provided till date.
Looking into the above facts, as the prayer is still to produce the corpus and corpus has died, prayer has become infructuous and case regarding murder of corpus is pending, chargesheet has been filed therein, in my opinion, there is no sense in continuing with this petition.
The habeas corpus writ petition is accordingly dismissed.
The amount of Rs.20,000/- deposited by the petitioner no.2 in compliance of order dated 12.12.2019 has not been used so the same be returned to the petitioner no.2 , Jagraj Singh through his counsel Sri Dinesh Kumar Kashyap.
Order Date :- 8.3.2022
Asha
Digitally signed by ASHA Date: 2022.03.09 17:04:53 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the habeas corpus petition should be continued given the death of the corpus and pendency of the murder trial.
Sheetala
State of U.P.
Sadhna Rani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
