Allahabad High Court
SMT. SHWETA AND ANOTHERversusSTATE OF U.P. AND 5 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because the petitioner is voluntarily residing with her brother and is not in illegal custody.
Summary
Petitioner Smt. Shweta filed a habeas corpus petition alleging illegal detention. The petitioners later informed the court that she was voluntarily staying with her brother, Vikas Goyal, and was not in any illegal custody. The petitioners sought dismissal of the writ on the ground that the petition had become infructuous. The court accepted this statement and held that there was no longer any basis for the writ. Consequently, the habeas corpus petition was dismissed as infructuous.
Issues considered
- Whether the habeas corpus petition remains maintainable when the alleged detainee is voluntarily residing with a family member and not in illegal custody
Subjects
- habeas corpus
- infructuous petition
- voluntary residence
- illegal custody
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 540 of 2026
Smt. Shweta And Another
.....Petitioner(s)
Versus
State Of U.P. And 5 Others
.....Respondent(s)
Counsel for Petitioner(s) : Santosh Kumar Pandey, Saurabh
Tripathi
Counsel for Respondent(s) : G.A.
Court No. - 53
HON'BLE SANDEEP JAIN, J.
Learned counsel for the petitioners submits that the corpus, Smt. Sweta, is
now voluntarily residing with her brother/petitioner, Vikas Goyal, and is not
in the illegal custody of any person. As such, the instant habeas corpus
petition has become infructuous.
In view of the statement made by the learned counsel for the petitioners, the
instant habeas corpus petition is dismissed as having become infructuous.
(Sandeep Jain,J.)
May 6, 2026
Mayank
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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