Court No. - 25 Case :- HABEAS CORPUS No. - 436 of 2010 Petitioner :- Ram Ji Respondent :- State Of U.P. Petitioner Counsel :- Telegram Respondent Counsel :- G.A Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
This Habeas Corpus petition has been registered on the basis of telegram said
to have been sent by one Smt. Daulat Devi, wife of Basant Lal, alleging
therein that her son Ramji has been lifted by the police personnel of police
station Aminabad, Lucknow in the evening at about 7:00 P.M. on
18.06.2010, without any rhyme or reason. She apprehends that her Son, Ramji
may be implicated in some false case.
Counter affidavit on behalf of the State has been filed by Shri Rajiv Krishna
said to be SSP/DIG, Lucknow wherein allegations of the telegram have been
denied and in reply thereto it has been stated that on the basis of an FIR
lodged by one Girish Sahu vide Case Crime No. 181 of 2010, under Section
392 IPC against unknown persons, said Ramji was called at the Police Station
Aminabad, Lucknow on 19.06.2010 and after inquiry being conducted at the
Police Station, on 19.06.2010 he was allowed to go on the same day, due
entry of which finds place in Nakal Rapat No. 39 at 17:35 on 19.06.2010.
It has vehemently been denied that said Ramji was ever arrested by the Police
of P.S. Aminabad, district Lucknow on 18.06.2010 or thereafter, neither he is
wanted in any case at the police station concerned. It has further been averred
that on inquiry it reveals that he is residing at his residence freely.
Due to what has been stated in the uncontroverted counter affidavit, this
habeas corpus writ petition is misconceived and is accordingly dismissed.
Order Date :- 26.7.2010
Kaushal