SUNIL THRU. HIS WIFE SMT. PREETI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND 8 OTHERS
HABC/227/2022 · 2025-04-07
Rajnish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142123 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142123 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 11 Case :- HABEAS CORPUS WRIT PETITION No. - 227 of 2022 Petitioner :- Sunil Thru. His Wife Smt. Preeti Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 8 Others Counsel for Petitioner :- Ram Prakash Pandey,Abhishek Mishra,Sunil Dixit Counsel for Respondent :- G.A.,Arun Kumar Verma,Ashutosh Dwivedi,Ram Mohan Mishra Hon'ble Rajnish Kumar,J. List is being revised. None appears on behalf of the petitioner, whereas the learned A.G.A. as well as Shri Alok Kumar, Advocate, holding brief of Shri Ram Mohan Mishra, learned counsel for the private-respondent are present. On the previous occasion, none had appeared on behalf of the petitioner, therefore, the following order was passed on 03.01.2025:
"1. No one is present for the petitioner when this petition is called out, while Shri Ram Mohan Mishra is present for respondent nos. 5 to 7 and informs that the instant petition has become infructuous as the dispute is pertaining to the civil rights.
2. Learned A.G.A. informs that in pursuance of earlier direction of this Court instructions have been procured.
3. Since no one is present for the petitioner, a last opportunity is provided to learned counsel for the petitioner to participate in the proceedings, failing which, the petition may be dismissed for want of prosecution.
4. List this case, accordingly, on 29.01.2025." Shri Badrul Hasan, learned A.G.A., on the basis of instructions, submits that the detenue is residing at his sister's house with his own free will. He further submits that the respondent nos.8 and 9 had informed that the next friend of the deteue has sold ancestral property recorded in the name of the detenue, Sunil Kumar. In view of above, it is apparent that the detenue is not in unlawful detention, therefore, none is appearing on his behalf. This petition is, accordingly, dismissed for want of prosecution. ...................................................................(Rajnish Kumar, J.) Order Date :- 7.4.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench