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2025 DAILYLAW 88677 (ALL)

TEHSEEM AND ANOTHER v. THE STATE OF U.P. AND 2 OTHERS

HABC/752/2025 · 2025-09-08

Salil Kumar Rai, Zafeer Ahmad

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD HABEAS CORPUS WRIT PETITION No. - 752 of 2025 Court No. - 45 HON'BLE SALIL KUMAR RAI, J. HON'BLE ZAFEER AHMAD, J. In pursuance to the previous order passed by this Court, the corpus, i.e., the petitioner No. 1 has been produced before this Court. It has been stated by the Additional Government Advocate, on instructions, that the petitioner No. 1 was never detained by the police, but during investigation in a missing report registered at the police station, the petitioner No. 1 was subjected to certain queries by the police at his residence and was not even summoned to the police station. The suspect in the aforesaid case was the elder brother of petitioner No. 1. The corpus in his statement, before this Court, has stated that he was picked up by the police on 04.08.2025 and was kept in the police station for 16 to 17 days. The statement of the corpus controverts the instructions received by the A.G.A. However, in a writ of Habeas Corpus the Court has to inquire into the legality of present detention of the corpus. As the corpus is no more under detention, we do not make any observation regarding the contradictory statements given by the corpus before this Court and in the instructions received by the A.G.A. The corpus is admittedly not under detention at present, but has Versus Counsel for Petitioner(s) : Syed Riyaz Askari Counsel for Respondent(s) : G.A. Tehseem And Another .....Petitioner(s) The State Of U.P. And 2 Others .....Respondent(s) been brought in the custody of the respondents. The corpus is set free and at liberty forthwith. The writ petition is disposed of. September 9, 2025 Anurag/- HABC No. 752 of 2025 2 (Zafeer Ahmad,J.) (Salil Kumar Rai,J.) Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad