The court dismissed the habeas corpus petition after it was established that the petitioners were not in detention or confinement, as they were free to live at their own will.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 45
Case :- HABEAS CORPUS WRIT PETITION No. - 211 of 2023
Petitioner :- Junaid And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Upendra Upadhyay Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Birla,J. Hon'ble Surendra Singh-I,J.
Heard Sri Upendra Upadhyay, learned counsel for the petitioners and Sri Ratan Singh, learned A.G.A. appearing for the State.
Present petition has been filed with the following prayers:-
"I. Issue a writ, order or direction in the nature of habeas corpus declaring the detention / custody of the petitioners as a illegal and further directing the respondents to released the petitioners from their custody / detention forthwith otherwise the petitioners shall suffer irreparable loss and injury.
II. Issue a writ, order or direction in the nature of habeas corpus directing the respondents to produce the corpus / petitioners forthwith before this Hon'ble Court along with the reason for the detention / custody of the petitioners otherwise the petitioners shall suffer irreparable loss and injury."
Vide order dated 13.3.2023 learned A.G.A. was granted time to seek instructions in the matter.
Today, on instructions Sri Ratan Singh, learned A.G.A. states that the police never went to the house of the petitioners and has never taken them away or arrested them.
Learned counsel for the petitioners sought to dispute the same, however, admitted that the petitioners are not in detention or confinement and they are free to live at their own will.
In such view of the matter, present petition is accordingly dismissed.
Order Date :- 23.3.2023 Lalit Shukla
Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad
Junaid And Another
State Of U.P.
4 Others
Vivek Kumar Birla
Surendra Singh-I
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
