Disposed

Kapil and 9 Others v. State of U.P. and 5 Others

Allahabad HC6 Feb 2025HABC/86/2025

Case brief

AI extract

What is this about?

In this habeas corpus petition alleging illegal detention of bonded labourers at brick kilns, the High Court directed local authorities to inquire and ensure release pending investigation, disposing of the matter without issuing a mandatory directive for immediate release.

What did the court decide?

Directions issued to District Magistrate and Superintendent of Police to inquire into allegations and ensure release if contentions are correct.

Kapil and 9 Others vs State of U.P. and 5 Others — Criminal Trial and Appeal | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC:17618

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Court No. - 79

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Case :- HABEAS CORPUS WRIT PETITION No. - 86 of 2025

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Petitioner :- Kapil And 9 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- G.A.,Shams Uz Zaman

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Hon'ble Saurabh Srivastava,J.

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Heard learned counsel for the petitioners and learned A.G.A. for the State.

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Learned A.G.A. has already accepted notice on behalf of respondent nos.1, 2 & 3.

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The present petition has been filed with the prayer that a writ in the nature of habeas corpus be issued commanding the respondent nos.1 to 3 to release the detenue/corpora, i.e., petitioner nos.1 to 10 with their bag and wages.

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The grievance of the petitioners is that the respondent nos.4 to 6 are illegally detaining the petitioner nos.1 and 10, who were allegedly engaged as bonded labourers in their brick kiln and the District Administration has refused to extend any help to procure the corpus of the petitioner nos.1 to 10 and thus a direction in the nature of habeas corpus may be issued to respondent nos.1 to 3 to extend help to procure the corpus of the petitioner nos.1 to 10.

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Taking note of the submissions of learned counsel for the parties, there is no useful purpose to keep this petition pending. Therefore, it is provided that District Magistrate, Shamli and Superintendent of Police, Shamli shall enquire into the matter and if the contentions of the petitioners are found to be correct, they shall do the needful and ensure their release from the illegal custody expeditiously without unreasonable delay, in accordance with law.

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However, it will be open to the concerned authorities to take legal action against the petitioners in the event the allegations are found to be incorrect.

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With these observation, this petition is disposed of finally.

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Let a copy of this order be given to the learned A.G.A. to ensure the compliance of this order.

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Order Date :- 6.2.2025 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Kapil and 9 Others v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

Kapil and 9 Others v. State of U.P. and 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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