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2025 DAILYLAW 50457 (ALL)

PARSHO AND ANOTHER v. STATE OF UP AND 4 OTHERS

HABC/342/2025 · 2025-05-06

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73073 Court No. - 81 Case :- HABEAS CORPUS WRIT PETITION No. - 342 of 2025 Petitioner :- Parsho And Another Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Arun Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, learned A.G.A. for the State and perused the record. The present Habeas Corpus Writ Petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus directing the respondent Nos. 2 and 3 to produce the petitioner No. 2, namely, Ramu (corpus) son of Parsho and rescue the corpus from the illegal detention of the respondent Nos. 4 and 5 before this Hon'ble Court. As per the instructions received by learned State Counsel, a Missing Report No. 08 of 2024 dated 19.07.2024 has already been registered at Police Station-Barsana, District-Mathura. It is the admitted case of the petitioners that the petitioner No. 2 (corpus) went missing since 16.07.2024. That being the case, there is no illegal detention of the corpus. The Hon'ble Apex Court in Mohsin Ali and others Versus State of Uttar Pradesh in Writ Petition (Crl.) No. 260 of 1987 dated 12.10.1987 had refused to interfere in a Habeas Corpus Petition at that stage as the Missing Report was lodged and the police was making effort to trace the girl. Considering the aforesaid facts and circumstances as well as in light of the decision of the Hon'ble Apex Court as quoted above, there is no ground to interfere in the matter. As the Missing Report has already been registered, the present petition is not maintainable and is, accordingly, dismissed. However, the petitioners are free to take a legal recourse. Order Date :- 7.5.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad