Allahabad High Court
SURAJ PATEL @ SURAJ KUMAR PATEL (CORPUS)versusSTATE OF U.P. AND 8 OTHERS
- Decided
Holding
The petition is dismissed as infructuous because the alleged illegal detention has ended.
Summary
Petitioner Uma Shankar Patel filed a habeas corpus petition alleging that his son Suraj Patel was illegally detained by private respondents No.4 to 9. The Attorney General later produced a General Diary entry showing that Suraj Patel had been returned to the petitioner's custody on 19 July 2026. The court noted that the alleged illegal detention no longer existed. Consequently, there was no substantive dispute left to resolve. The petition was therefore dismissed as infructuous.
Issues considered
- Whether the petitioner’s habeas corpus petition remains maintainable when the alleged illegal custody has ceased
Subjects
- habeas corpus
- illegal custody
- infructuous petition
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
HABEAS CORPUS WRIT PETITION No. - 690 of 2026
Suraj Patel @ Suraj Kumar Patel (Corpus)
.....Petitioner(s)
Versus
State Of U.P. And 8 Others
.....Respondent(s)
Counsel for Petitioner(s) : Akhilesh Bharti, Kamlesh Prasad
Counsel for Respondent(s) : G.A.
Court No. - 73
HON'BLE SANDEEP JAIN, J.
1. Case called out. None appears on behalf of the petitioner.
2. The instant habeas corpus writ petition has been filed by the petitioner,
Uma Shankar Patel, alleging that the corpus, Suraj Patel @ Suraj Kumar
Patel, is in the illegal custody of private respondent No. 4 to 9.
3. However, learned A.G.A. submits that subsequently the corpus, Suraj
Patel @ Suraj Kumar Patel, has returned to the custody of the petitioner. In
support of the aforesaid submission, learned A.G.A. has also produced a
copy of G.D. Entry No.2 dated 19.07.2026, recorded at Police Station
Ghoorpur, District Prayagraj, which also records the aforesaid fact.
4. It is apparent from the instructions received by the learned A.G.A. that the
corpus has returned to the custody of the petitioner. As such, nothing further
remains to be adjudicated in the instant habeas corpus writ petition.
5. Accordingly, the instant habeas corpus writ petition is dismissed as having
become infructuous.
September 8, 2026
Jitendra
(Sandeep Jain,J.)
Digitally signed by :-
JITENDRA KUMAR PATEL
High Court of Judicature at Allahabad
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