HABC/778/2026 of HAKIM SINGH (CORPUS) Vs STATE OF U.P. AND 3 OTHERS on 7 October 2026

1. On 21.09.2026, the Co-ordinate Bench of this Court has passed following order: "Learned counsel for the petitioner submits that the corpus, Hakim Singh, who is the brother of the petitioner, Rajkumar, has been illegally detained by respondent no. 4, a drug de-addiction centre functioning under the control of the State authorities. It is submitted that the corpus is unwilling to reside in the said institution and, therefore, he may be set at liberty. It is further submitted that the petitioner had moved an application under Section 97 Cr.P.C. before the court concerned, which came to be dismissed by the order dated 22.04.2026. Per contra, learned AGA, on the basis of instructions, submits that the corpus, Hakim Singh, is severely addicted to alcohol and, therefore, he was admitted to Hope and Strength Alcohol De-addiction and Rehabilitation Centre, Faridabad, on 05.04.2026, where he is required to undergo treatment for several months for rehabilitation and to overcome his addiction to alcohol. From the rival submissions, it appears that the petitioner has approached this Court alleging that the corpus has been subjected to illegal detention by the State authorities and their functionaries in the guise of providing treatment for de-addiction. It is further submitted that the corpus is unwilling to undergo such treatment. Accordingly, the State authorities are directed to produce the corpus, Hakim Singh, before this Court on 08.10.2026. In the event of failure to produce the corpus, respondent nos. 2 and 3 shall file their respective personal affidavits explaining the reasons for his non-production and the steps taken to secure his presence before this Court. List this matter on 08.10.2026 as fresh. " Versus Counsel for Petitioner(s) : Brajesh Kumar Solanki, Samrat Vikram Singh Counsel for Respondent(s) : G.A. Hakim Singh (Corpus) .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)

2. In compliance of the aforesaid order dated 21.09.2026, the corpus has been recovered and produced before the Court. He has been duly identified by his counsel. The corpus has stated before the Bar that he wanted to go with his brother.

3. In view of the above, this Court is of the considered view that corpus is not in illegal detention of respondent no. 4 and he wanted to live with his brother.

4. The petition having no force and is liable to be dismissed. It is accordingly, dismissed. October 8, 2026 Meenu Singh HABC No. 778 of 2026 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad