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2025 DAILYLAW 77047 (ALL)

LAKHANDAR PATEL AND ANOTHER v. STATE OF U.P. AND 5 OTHERS.

HABC/623/2025 · 2025-08-12

Dinesh Pathak

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:138139 Court No. - 73 Case :- HABEAS CORPUS WRIT PETITION No. - 623 of 2025 Petitioner :- Lakhandar Patel And Another Respondent :- State Of U.P. And 5 Others. Counsel for Petitioner :- Anoop Yadav,Rajesh Kumar Counsel for Respondent :- Abhishek Kumar Pandey,Akhila Nand Pandey,G.A.,Mahima Singh,Vishvash Yadav,Yash Pratap Singh Hon'ble Dinesh Pathak,J. 1. Heard Shri Rajesh Kumar, learned counsel for the petitioners, Shri Akhila Nand Pandey, learned counsel for the respondent nos. 4 and 5 as well as Shri Ganesh Prasad Mishra, learned A.G.A. for the State-respondent nos. 1, 2 and 3. 2. While entertaining the instant writ petition for Habeas Corpus, this court has passed following order dated 23.07.2025: " Heard learned counsel for the petitioners, learned AGA for the State and perused the record. The present Habeas Corpus Writ Petition has been filed with a prayer to issue a writ, order or direction in the nature of HABEAS CORPUS commanding the respondents to produce the corpus Gudiya Patel (Petitioner No.2) before this Hon'ble Court so that her freewill may be recorded by this Hon'ble Court and she may be released from illegal confinement of the Respondent Nos. 4 to 6. It has been submitted by learned counsel for the petitioners that petitioner no. 2, Gudiya Patel (corpus), aged about 19 years, is his minor daughter and has been illegally detained by respondent nos. 4 to 6. Issue notice to respondent nos. 4 to 6 through Station House Officer, Police Station George Town, Commissionerate Prayagraj, District Prayagraj to produce the petitioner no. 2, Gudiya Patel (corpus) before this Court on the date fixed. Deputy Commissioner of Police, Commissionerate Prayagraj, District Prayagraj shall ensure that the petitioner no. 2, Gudiya Patel (corpus) be produced before this Court on the next date fixed. List this case on 06.08.2025 as fresh. Learned AGA shall communicate the order for necessary compliance. Registrar (Compliance) shall ensure the compliance of the aforesaid order." 3. Learned A.G.A. has informed that an F.I.R., being Case Crime No. 0167 of 2025, has been lodged u/s 140(3) of B.N.S. 2023, on 10.08.2025, at the behest of Lakhandar Patel (petitioner no.1) regarding the missing of his daughter. He has further submitted that in view of registration of the F.I.R., instant writ petition for Habeas Corpus has become infructuous. Certified copy of the F.I.R. supplied by the learned A.G.A. is taken on record. 4. Learned counsel for the petitioners, in this conspectus, as above, has prayed to dismiss the instant writ petition as infructuous. 5. Accordingly, instant writ petition for Habeas Corpus is dismissed as infructuous. Order Date :- 13.8.2025 Sumit K. Digitally signed by :- SUMIT KUMAR High Court of Judicature at Allahabad