Court No. - 25 Case :- HABEAS CORPUS No. - 302 of 2010 Petitioner :- Iqbal 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 Gulshan Jahan alleging therein that her son Iqbal alias
Pintu has been been picked up by the police personnel of police station
Chowk, district Lucknow on 08.05.2010. Her apprehension is that her son
Iqbal alias Pintu might be implicated in some false case.
Counter affidavit of behalf of the State has been filed by one Rajeev
Krishan 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 Iqbal alias
Pintu was arrested at 11.30 pm on 08.05.2010 after assigning due reasons and
since two wheeler Bajaj CT-100 motorcycle was recovered from his
possession, which was a stolen property and the petitioner was unable to show
any valid papers for having possession of the same and, as such, he was
challaned in Case Crime No. nil of 2010, under Sections 41/411 IPC. Further,
it has been stated that he was produced before the Magistrate concerned on
09.05.2010, within 24 hours, from where he was remanded to judicial custody
and sent to jail. At present he is in district jail Lucknow.
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 :- 12.7.2010
Pradeep/-