Court No. - 25 Case :- HABEAS CORPUS No. - 457 of 2010 Petitioner :- Ram Khelawan Yadav And Another 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 writ petition has been registered on the basis of
telegram sent by one Smt. Saroj Yadav alleging therein that her husband Ram
Khelawan Yadav and son Akhilesh Yadav have been lifted by the police personnel of
police station Krishna Nagar, district Lucknow from their house on 27.06.2010. Her
apprehension is that they might be implicated in some false case.
Counter affidavit on behalf of the State has been filed by one Shri Rajeev
Krishna said to be DIG/SSP, Lucknow whereby the contents of the telegram, as
alleged, have been denied and in reply thereto it has been stated that Akhilesh Yadav
was named accused in Case Crime No. 299 of 2010, under Sections 147, 148, 149,
364, 307, 506 & 323 IPC, police station Krishna Nagar, district Lucknow, as such, he
was arrested on 27.06.2010 along with his associates after assigning due reasons.
Even a Maruti Van (UP32 CJ 9802), which was used in commission of aforesaid
crime, was also recovered from their possession. Further it has been averred that
Akhilesh was produced before the Magistrate concerned on the same day, within
twenty-four hours, from where he was remanded to judicial custody and he was sent
to jail and since then he is in jail.
So far as Ram Khelawan is concerned, it has been stated in the counter
affidavit that neither Ram Khelawan was ever arrested nor he is wanted in any case
by the police of police station concerned. Further it has been stated that on inquiry
having been made it revealed that Ram Khelawan is residing at his residence freely.
Due to what has been stated in the uncontroverted counter affidavit filed by
the State, this Habeas Corpus writ petition is misconceived and is accordingly
dismissed.
Order Date :- 30.7.2010
Pradeep/-