Court No. - 25 Case :- HABEAS CORPUS No. - 495 of 2010 Petitioner :- Kuldeep Soni Thru Rani Soni 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 Smt. Rani Soni alleging therein that the police personnel
of P.S. Mohanlal Ganj lifted her son Kuldeep Soni on 8.7.2010 without any
rhyme and reason and on question being put to the police station concerned
she was informed that her son may be roped in a case under the provisions of
Gangester & Anti Social Activities ( (Prevention ) Act, 1986 or he will be
implicated in some false case. She further stated that in spite of having
passed 36 hours in the police lockup, he has not been produced before the
Magistrate for the purpose of remand.
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 Kuldeep Soni is a named
accused with respect to FIR relating to case crime No. 418 of 2010 under
section 2/3 U.P.Gangester & Anti Social Activities (Prevention) Act,1986,
registered on 25.6.2010 and as such said Kuldeep Soni was arrested in the
aforesaid case on 10.7.2010 by the police personnel of P.S.Nigohan, district
Lucknow after assigning due reasons entry of which find place at Nakal
report No. 24 at 12.30 hours. He was produced before the Magistrate on
11.7.2010 for the purpose of remand who after going through the FIR and
request of remand, remanded him to judicial custody on 11.7.2010 and at
present he is in district jail on valid remand granted by the appropriate court.
Due to what has been stated in the un-controverted counter affidavit, this
habeas corpus writ petition is misconceived and is accordingly dismissed
Order Date :- 6.8.2010