Allahabad High Court
RAVI KANTversusSTATE OF U.P. AND 7 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because the petitioner’s release on bail obviated any claim of unlawful detention.
Summary
Petitioner Ravi Kant filed a habeas corpus writ petition against the State of Uttar Pradesh and seven others, alleging that he was produced before the magistrate beyond the statutory 24‑hour period. While the petition was pending, the petitioner was released on bail. The petitioner’s counsel argued the alleged violation of the 24‑hour rule, but the petition’s prayer clause did not specifically seek a writ of habeas corpus or any compensation. The Court held that the grant of bail rendered the petition moot, as there was no longer any unlawful detention to remedy. Consequently, the petition was dismissed as infructuous.
Issues considered
- Whether a habeas corpus petition remains maintainable when the petitioner has been released on bail
- Whether the alleged breach of the 24‑hour production rule justifies issuance of a writ of habeas corpus in the absence of a specific prayer
Subjects
- habeas corpus
- bail
- 24-hour production rule
- infructuous petition
- procedural defect
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 1304 of 2026
Ravi Kant
.....Petitioner(s)
Versus
State Of U.P. And 7 Others
.....Respondent(s)
Counsel for Petitioner(s) : Surya Prakash Dubey
Counsel for Respondent(s) : G.A.
Court No. - 42
HON'BLE ATUL SREEDHARAN, J.
HON'BLE ACHAL SACHDEV, J.
1. Counter affidavit filed by learned AGA in Court today is taken on
record.
2. Learned Counsel for the State informs that the petitioner has been
released on bail.
3. Learned counsel for the petitioner, however, has orally argued that
the petitioner was produced before the learned Magistrate beyond the
period of 24 hours.
4. However, in the prayer clause, there is neither any prayer for
compensation nor any specific prayer seeking issuance of a writ of
habeas corpus.
5. Therefore, upon the enlargement of the petitioner on bail by the
learned Single Judge of this Court, the petition has been rendered
infructuous.
6. The present petition is dismissed as infructuous.
September 30, 2026
R.S. Tiwari
(Achal Sachdev,J.) (Atul Sreedharan,J.)
Digitally signed by :-
RAVI SHANKAR TIWARI
High Court of Judicature at Allahabad
Checking your session…