AJAY BHARGAVA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
HABC/639/2025 · 2025-08-07
Salil Kumar Rai, Zafeer Ahmad
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78659 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78659 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134319-DB Court No. - 45 Case :- HABEAS CORPUS WRIT PETITION No. - 639 of 2025 Petitioner :- Ajay Bhargava And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Krishn Kumar,Praveen Shrivastav Counsel for Respondent :- G.A. Hon'ble Salil Kumar Rai,J. Hon'ble Zafeer Ahmad,J. Heard Shri Anupam Verma, counsel for the petitioners and the A.G.A. representing respondent Nos. 1 to 4. The present petition has been filed praying for a writ of Habeas Corpus on the ground that the petitioner No. 1 is under detention on the basis of a remand order, which the petitioner pleads to be contrary to law. As the petitioner is under detention by virtue of order passed by a competent court, and prima facie there is no inherent lack of jurisdiction in the order of the concerned Magistrate, therefore, the present Habeas Corpus petition is not maintainable. In a Habeas Corpus petition, the Court can not look into the illegality of the remand order except on ground of inherent lack of jurisdiction. The petition is dismissed. The petitioner may exercise other remedies available to him under law before appropriate forum. Order Date :- 8.8.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad