Brijesh (Corpus) Thru. His Real Elder Brother and Next Friend Dharmendra vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 7 Others — Allahabad HC (2025) — LawSathi Research

Brijesh (Corpus) Thru. His Real Elder Brother and Next Friend Dharmendra vs State of U.P. Thru. Addl. Chief Secy. Home Lko. and 7 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No final relief at this stage (interim order): the case is listed on 15.05.2025 with the direction that on that date it shall not be adjourned on any ground; maintainability question left for consideration then.

Issue for consideration

Maintainability of the habeas corpus writ petition seeking release/production of corpus Brijesh: the deponent is unsure whether the detenue is alive (the prayer carries an 'if alive' rider), the matter may be one of investigation pursuant to the missing report/FIR, notices to respondents no.4 to 8 remain unissued, and counsel could not indicate how the petition is maintainable.

Court's answer

Interim view: since the deponent is not sure whether the detenue is alive (the prayer itself is made with the rider 'if he is alive'), it may be only a matter of investigation pursuant to the missing report on whose basis an FIR has been lodged, for which this habeas corpus petition could not have been filed as remedy lies somewhere else. Final consideration of maintainability was deferred to the next date.

Detailed headnote1 paragraphs

Habeas Corpus Writ Petition No. 378 of 2024 — High Court of Judicature at Allahabad, Lucknow Bench (Court No. 11), Hon'ble Rajnish Kumar, J.; order dated 9.5.2025 (interim). Filed through the corpus's real elder brother/next friend Dharmendra seeking release of detenue/corpus Brijesh from alleged illegal detention by opposite parties no.4 to 8 and their henchmen, and production of the corpus before the Court 'if alive', with recording of his statement. The affidavit alleges respondent no.4 (a cousin) phoned the corpus on 25.07.2024, since when he is missing, and told the petitioner that the respondents had killed him; police is averred not to be investigating. A missing report lodged by the deponent has resulted in an FIR. The Court observed that, as the deponent is unsure whether the detenue is alive, it may be only a matter of investigation pursuant to that FIR, for which this habeas corpus petition could not have been filed as remedy lies somewhere else. The order sheet shows initial adjournments, police reports being called, and counter/rejoinder affidavits exchanged; however, notices were not issued to respondents no.4 to 8 and the question of maintainability was not considered; on query, counsel failed to indicate how the petition is maintainable. Interim disposition: case listed on 15.05.2025, not to be adjourned on any ground. No statute or precedent cited; no quantum involved.

Court No. - 11

Case :- HABEAS CORPUS WRIT PETITION No. - 378 of 2024

Petitioner :- Brijesh (Corpus) Thru. His Real Elder Brother And Next Friend Dharmendra Respondent :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 7 Others

Counsel for Petitioner :- Hari Govind Dubey,Radhey Govind Dubey

Counsel for Respondent :- G.A.

Hon'ble Rajnish Kumar,J.

HeardSri Hari Govind Dubey, learned counsel for the petitioner and Sri S.P. Tiwari, learned AGA.

This habeas corpus petition has been filed for a direction for release of the detenue / corpus Brijesh from illegal detention of opposite parties no.4 to 8 and their other henchmen. A further prayer has been made for a direction to respondents no.1 to 3 to produce the petitioner i.e. Brijesh (corpus) before this Court and to record the statement and thereafter to release him (if alive) in accordance with law.

The petitioner has mentioned in paragraph-7 that respondent no.4, who is cousin brother of the petitioner called corpus on phone on 25.07.2024 and since then the corpus is missing. In paragraph-14, it has been mentioned that the respondent no.4 has told to the petitioner that he with other respondents have killed to his brother i.e. corpus so that many people will be beneficial. In paragraph-18, it has been mentioned that the respondents no. 4 to 8 might have murdered the corpus and police is not even investigating and done anything for finding the corpus.

In view of above, the deponent is not sure as to whether the detenue is alive or not and has averred that the detenue might

have been killed as in the prayer also, the prayer has been made with this rider that if he is alive.

In view of above, it may be only a matter of investigation in pursuance of the missing report lodged by the deponent on the basis of which an FIR has been lodged, for which this habeas corpus petition could not have been filed as remedy lies somewhere else.

Perusal of the order sheet also does indicates that initially the case was got adjourned. Thereafter, on one date, the learned counsel for the petitioner was not present, learned AGA placed the report before this Court of the police station concerned and this Court considering the report that all efforts are being made to trace the detenue directed to make all out efforts to trace the detenue and submit a fresh report. Thereafter, only the reports are being called. However, counter and rejoinder affidavits have been exchanged. But neither the notices have been issued to respondents no.4 to 8 nor the question of maintainability could be been considered by this Court.

On query being put to learned counsel for the petitioner, he also failed to indicate as to how it is maintainable. However, he seeks some time.

As prayed, list on 15.05.2025, on which date the case shall not be adjourned on any ground.

Order Date :- 9.5.2025 KR

Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench