Allahabad High Court
HABC/448/2025 of RAHUL THRU. HIS FATHER DINESH KUMAR Vs STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME GOVT. LKO. AND OTHERS on 10 December 2025
JUDICATURE AT ALLAHABAD LUCKNOW HABEAS CORPUS WRIT PETITION No. - 448 of 2025 Court No. - 11 HON'BLE ABDUL MOIN, J. HON'BLE MRS. BABITA RANI, J. 1. Heard learned counsel for the petitioner and learned AGA appearing on behalf of the State-respondents. 2. This writ petition has been filed with a
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
HABEAS CORPUS WRIT PETITION No. - 448 of 2025
Court No. - 11
HON'BLE ABDUL MOIN, J.
HON'BLE MRS. BABITA RANI, J.
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1. Heard learned counsel for the petitioner and learned AGA appearing on behalf of the State-respondents.
2. This writ petition has been filed with a prayer to issue a writ, order or direction in the nature of Habeas Corpus directing the respondent nos. 1 to 3 to produce the detenue before this Court forthwith and release from illegal custody of the police.
3. Learned counsel for the petitioner has contended that the petitioner had been taken away by the police at 6 AM on 5.12.2025 and hence this petition.
4. On the other hand, the learned AGA, on the basis of his instructions dated 9.12.2025 sent by Sri Brijendra Singh, Station House Officer, P.S. Sidhauli, District Sitapur, states that the petitioner was arrested by the police on 8.12.2025 as he is alleged to be an accused in Case Crime No. 381 of 2025 under Sections 103(1), 238, and 61(2) of BNS, 2023. The learned AGA vehemently denies that the petitioner was ever arrested on 5.12.2025.
5. Learned counsel for the petitioner states that initially when the petitioner had been picked up by the police on 5.12.2025 at 6 AM, efforts were made to trace him and thereafter a letter was sent to the Hon'ble The Chief Justice/Hon'ble Senior Judge as well as Registrar of this Court on 8.12.2025, copy of which has been annexed as Annexure-1 to the petition and only subsequent thereto, the respondents have come forth that the petitioner was arrested on 8.12.2025 and thus, it is apparent that the petitioner was kept in illegal custody and was picked up without any Versus Counsel for Petitioner(s) : Poonam Maurya, Preeti Rajput, Shashank Pandey Counsel for Respondent(s) : G.A. Rahul Thru. His Father Dinesh Kumar .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Home Govt. Lko. And Others .....Respondent(s)
authority of law.
6. The aforesaid arguments of the learned counsel for the petitioner are found to be patently fallacious and misconceived. The reasons are not far to seek. In case the petitioner was picked up by the police on 5.12.2025 at 6 AM, nothing prevented the family members of the petitioner to file an appropriate application before the concerned authority or even on the IGRS Portal on 5.12.2025 itself. Therefore remaining totally silent on 5.12.2025, 6.12.2025 and 7.12.2025 and filing the application only on 8.12.2025, even as per the respondents, when the petitioner was picked up on the same date itself raises the suspicion on the version of the petitioner.
7. Considering the aforesaid, no case for interference is made out.
8. Accordingly, the writ petition is dismissed. December 10, 2025 AKK HABC No. 448 of 2025 2 (Mrs. Babita Rani,J.) (Abdul Moin,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench