Patna High Court
Shakeela ParveenversusThe State of Bihar through the Home Secretary, Govt. of Bihar, Patna
- Decided
- Disposal
- DISPOSED
Holding
Since the detainee has been released, the alleged illegal confinement no longer exists and the writ of habeas corpus is not maintainable.
Summary
Petitioner Shakeela Parveen filed a writ petition seeking a habeas corpus order for the production of her son, Fahad Hamza, alleging illegal detention in violation of Article 22 of the Constitution. The petition alleged that the respondents, including various police officials, had detained the son without lawful authority. During the hearing, the court was informed that the son had already been released pursuant to an order dated 04-09-2025. The court held that with the release, the alleged illegal confinement no longer existed. Consequently, the writ application was dismissed and the petition was disposed.
Issues considered
- Whether the court can grant a writ of habeas corpus when the alleged detainee has already been released
Subjects
- habeas corpus
- illegal detention
- Article 22
- criminal writ jurisdiction
- release of detainee
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.2285 of 2025
======================================================
Shakeela Parveen Daughter of Dr. Abdul Gafoor Resident of village-
Indrapuri Samanpura Colony, Raja Bazar, PS- Shastri Nagar District -Patna
... ... Petitioner/s
Versus
1. The State of Bihar through the Home Secretary, Govt. of Bihar, Patna Bihar
2. The Home Secretary, Govt. of Bihar, Patna
3. The Director General of Police, Bihar, Patna
4. The Senior Superintendent of Police, Patna
5. The Superintendent of Police, Patna
6. The Officer-in-Charge, Shastri Nagar Ps, Patna
7. The Director General of Police, Haryana, Haryana Police headquarters,
Sector 6, Panchkula, Haryana 134108
8. Officer-in-charge Cyber Crime Ps, Sector 8, District Kurukshetra, Haryana
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Harsh Singh, Advocate
Mr. Abhijeet, Advocate
For the Respondent/s : Mr. Prabhu Narayan Sharma, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
5 13-02-2026 The present writ application has been filed for the
following reliefs:
i) To issue an appropriate
writ/order/direction in the nature of Habeas
Corpus thereby directing the Respondents to
produce before the Hon’ble Court Petitioner’s
son, namely, Fahad Hamza, s/o Shakeel Najmi,
r/o 2 E, Namaskar Enclave, P.S. Patliputra,
District Patna, currently residing with the
Petitioner at Petitioner’s address at Indrapuri,
Patna High Court CR. WJC No.2285 of 2025(5) dt.13-02-2026
2/2
Samanpura Colony, Raja Bazar, P.S. Shastri
Nagar, District Patna, who has been arrested
and detained by the Respondents in gross
violation of Article 22 of the Constitution of
India.
ii) To any other relief or reliefs for
which the Petitioner is found entitled to in facts
and circumstances of the case.
2. During the course of arguments, it has been brought
to the notice of this Court that in compliance with the order
dated 04.09.2025, the detenue has already been released.
3. In view of the fact that the detenue has already been
released, the question of illegal confinement/custody no longer
survives for consideration.
4. Accordingly, the present writ application stands
disposed of.
5. Pending application(s), if any, shall stand disposed
of.
(Sudhir Singh, J)
( Rajesh Kumar Verma, J)
Anushka/-
U
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