Habeas corpus petition dismissed for want of prosecution due to petitioner's non-appearance and counsel's failure to file steps for notice.
The petition is dismissed for want of prosecution as the petitioner failed to appear and counsel did not take steps for issuance of notice. ¶13
Court No. - 11
Case :- HABEAS CORPUS WRIT PETITION No. - 394 of 2024
Petitioner :- Keshkali Thru. Her Husband Subhash Respondent :- Parikram @ Paikarma Counsel for Petitioner :- Daya Shankar Tiwari,Aditya Pandey,Alok Kumar Pathak
Hon'ble Rajnish Kumar,J.
List is being revised.
None appears for the appellant, whereas learned A.G.A. is present.
On the last date also i.e., 4.4.2025, none had appeared for the petitioner, therefore, the following order was passed:
"List is being revised. None appears on behalf of the appellants to press the petition.
As per office report, learned counsel for the petitioner has not filed steps for issuance of notice.
In the interest of justice, the case is adjourned making it clear that the case shall not be adjourned on the next date.
List in the next week."
In view of above, it appears that either the detenue is not in unlawful detention or she does not want to press this petition.
The petition is, accordingly, dismissed for want of prosecution.
Order Date :- 11.4.2025 Shravan
Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the habeas corpus petition should be dismissed for want of prosecution where the petitioner fails to appear on multiple dates and counsel has not taken steps for issuance of notice.¶12-13
How this case reached the court
On 4.4.2025 none appeared for the petitioner; office report noted counsel had not filed steps for issuance of notice. The court adjourned with direction that the case shall not be adjourned on the next date.¶7-11
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
