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Allahabad High Court

MASTER AYUSH (MINOR) AND ANOTHERversusSTATE OF U.P. AND 4 OTHERS

Decided

Holding

The petition was dismissed as it had become infructuous.

Summary

The petitioners, Master Ayush (a minor) and his mother Sunita Devi, filed a habeas corpus petition against the State of U.P. and others, alleging unlawful detention. The petitioners' counsel informed the court that the minor and his mother were now residing with Dharmendra Kumar, the husband of Sunita Devi and father of the minor, effectively rendering the petition moot. The court considered whether the petition remained maintainable in light of this change in circumstances. Relying on the counsel's statement that the alleged detention no longer existed, the court held that the petition had become infructuous. Consequently, the habeas corpus petition was dismissed.

Issues considered

  • Whether a habeas corpus petition becomes infructuous when the petitioner is no longer in the alleged detention.

Subjects

  • habeas corpus
  • infructuous petition
  • minor
  • custody
  • procedural law

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                HABEAS CORPUS WRIT PETITION No. - 654 of 2023

                                    Master Ayush (Minor) And Another
                                                                                                 .....Petitioner(s)
                                                                        Versus

                                    State Of U.P. And 4 Others
                                                                                               .....Respondent(s)

                                    Counsel for Petitioner(s)                      :    Narendra Kumar
                                    Counsel for Respondent(s)                      :    G.A.

                                    Court No. - 53
                                                          HON'BLE SANDEEP JAIN, J.

                                    1. Heard learned counsel for the petitioners and learned A.G.A. for the State.

                                    2. Learned counsel for the petitioner submits that the corpus Master Ayush
                                    who is the minor son of petitioner No.2, Smt. Sunita Devi and the petitioner
                                    No.2 are now living with respondent No.5, Dharmendra Kumar who is the
                                    husband of petitioner No.2 and father of the corpus, hence the matter has
                                    become infructuous.

                                    3. In view of the statement made by learned counsel for the petitioners, the
                                    instant habeas corpus petition is dismissed as having become infructuous.



                                                                                               (Sandeep Jain,J.)
                                    May 5, 2026
                                    Vandana




Digitally signed by :-
VANDANA GAUTAM
High Court of Judicature at Allahabad


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