Allahabad High Court
NISHA SINGH SHAKYA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition is dismissed for want of prosecution.
Summary
Petitioner Nisha Singh Shakya filed a habeas corpus petition alleging that her husband Vinay Shakya was being held in illegal custody by respondent No.6, Devesh Kumar Shakya. The petition was listed, but no counsel appeared on behalf of the petitioner to argue the case. Consequently, the Court found that the petition could not be prosecuted further. The Court dismissed the petition on the ground of want of prosecution. No substantive merits regarding the alleged illegal custody were examined.
Issues considered
- What is the appropriate procedural response when a petitioner fails to appear or present counsel in a habeas corpus proceeding?
Subjects
- habeas corpus
- illegal custody
- procedural default
- want of prosecution
- petition dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 399 of 2023
Nisha Singh Shakya And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Naseem Rufi Q Alrafio B.M. Mugaanii,
Shikha Singh
Counsel for Respondent(s) : Amit Kumar Singh, G.A., Km Astha
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. The instant habeas corpus petition has been filed by the petitioner Nisha
Singh Shakya claiming that her husband Vinay Shakya is in the illegal
custody of respondent no.6, Devesh Kumar Shakya.
2. List has been revised. None appears on behalf of the petitioner to press the
instant habeas corpus petition.
3. Accordingly, the instant habeas corpus petition is dismissed for want of
prosecution.
September 18, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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