Dismissed¶¶11

Parsho and Another v. State of Up and 4 Others

Allahabad HC6 May 2025HABC/342/2025

Case brief

AI extract

What is this about?

Habeas corpus writ petition dismissed as not maintainable; missing person case; corpus Ramu son of Parsho missing since 16.07.2024; Missing Report No. 08 of 2024 dated 19.07.2024 registered at Police Station-Barsana, District-Mathura; no illegal detention found; Supreme Court precedent Mohsin Ali v. State of Uttar Pradesh, W.P.(Crl.) No. 260 of 1987 (12.10.1987) relied upon; liberty to petitioners to pursue legal recourse; Allahabad High Court; single bench of Nand Prabha Shukla, J.; decided 7.5.2025; Neutral Citation 2025:AHC:73073.

What did the court decide?

Liberty to the petitioners to take a legal recourse. ¶¶11

Parsho and Another Vs State of Up and 4 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Liberty to the petitioners to take a legal recourse.

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Issue for consideration

Whether the corpus, Ramu son of Parsho (petitioner No. 2), is under the illegal detention of respondent Nos. 4 and 5 so as to warrant a writ of habeas corpus directing his production. +1 more

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Court's answer

There is no illegal detention of the corpus: it is the petitioners' admitted case that petitioner No. 2 (corpus) went missing since 16.07.2024, and a Missing Report has been registered.

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Ratio / Principle

In light of the Hon'ble Apex Court's decision in Mohsin Ali v. State of Uttar Pradesh, where interference in a habeas corpus petition was refused at the stage when the Missing Report was lodged and the police were making efforts to trace the missing girl, there is no ground to interfere in the present matter.

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Key takeaways

Since the Missing Report has already been registered, the present petition is not maintainable and is dismissed.ratio¶¶11

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Ms. Nand Prabha Shukla, J.; Neutral Citation 2025:AHC:73073; Order Date 7.5.2025) in Habeas Corpus Writ Petition No. 342 of 2025 (Parsho and another v. State of U.P. and 4 others): The petition sought a writ of habeas corpus directing respondent Nos. 2 and 3 to produce petitioner No. 2, Ramu (corpus) son of Parsho, and rescue him from the alleged illegal detention of respondent Nos. 4 and 5. A Missing Report No. 08 of 2024 dated 19.07.2024 stood registered at Police Station-Barsana, District-Mathura, and it was the petitioners' admitted case that the corpus had been missing since 16.07.2024. Relying on the Supreme Court's decision in Mohsin Ali and others v. State of Uttar Pradesh (Writ Petition (Crl.) No. 260 of 1987, dated 12.10.1987), where interference in a habeas corpus petition was declined at a similar stage because the Missing Report was lodged and the police were making efforts to trace the missing girl, the Court held there was no illegal detention of the corpus and no ground to interfere. The petition was held not maintainable and was dismissed, with liberty to the petitioners to take legal recourse.

Parsho and Another v. State of Up and 4 Others

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Parsho and Another v. State of Up and 4 Others

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