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2025 DAILYLAW 100078 (ALL)

SMT. USHA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

HABC/905/2025 · 2025-10-08

J J Munir, Sanjiv Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 905 of 2025 Court No. - 44 HON'BLE J.J. MUNIR, J. HON'BLE SANJIV KUMAR, J. Heard Mr. Vikas Kumar, learned Counsel for the petitioners and Mr. Patanjali Mishra, learned Government Advocate along with Mr. Deepak Mishra and Mr. S.S. Tiwari, learned A.G.A. appearing on behalf of the State. In compliance with the order dated 07.10.2025, the police have produced Shubham S/o Late Pappu Lall, the detenue before the Court. It is stated at the bar that Shubham is wanted in Case Crime No.172 of 2025, under Section 304 (2) B.N.S.S., P.S. Cant, District Prayagraj and Case Crime No.319 of 2025, under Section 304(2) B.N.S.S., P.S. Civil Lines, District Prayagraj. It is stated that Shubham has been arrested today at 11:00 am and the police would seek his remand in the two cases above mentioned. Though there is no affidavit filed on behalf of the State but papers have been produced before us to show that in the two offences Shubham is wanted. The respondents have time as provided under law from the date and time of his arrest i.e. today at 11:00 a.m. to produce Shubham before the competent Magistrate and seek remand of whatever kind is granted. Shubham of course would have his right to seek bail which will be considered by the Magistrate or other Court of competent jurisdiction, wherever the bail plea comes up. So far as the present Habeas Corpus Writ Petition is concerned, it is difficult for this Court to decide whether the detenue was in fact illegally detained on 05.09.2025 and his arrest is being shown today as learned Counsel for the petitioners submits or indeed he has been arrested today and there was no illegal detention earlier. Versus Counsel for Petitioner(s) : Vikas Kumar Counsel for Respondent(s) : G.A. Smt. Usha And Another .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) In view of the developments that have taken place, the detenue being here before the Court and lawful proceedings in contemplation against him, no further orders are required to be made in this Habeas Corpus Writ Petition. It is consigned to record. October 9, 2025 R.S. Tiwari HABC No. 905 of 2025 2 (Sanjiv Kumar,J.) (J.J. Munir,J.) Digitally signed by :- RAVI SHANKAR TIWARI High Court of Judicature at Allahabad