Court No. - 25 Case :- HABEAS CORPUS No. - 487 of 2010 Petitioner :- Mohd. Najeeb @ Babbu Thru Kaneej Sayyada 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 a telegram
said to have been sent by Smt. Kaneej Sayyada, resident of Mohalla
Salarganj, District Bahraich alleging therein that her husband Mohd. Najeeb
alias Babbu has been lifted by the police personnel of police station Dargah
on 03.07.2010 without any rhyme or reason; police personnel are also behind
his son Jeeshan Ahamd, while they have not committed any offence; and her
husband Mohd. Najeep alias Babbu has been detained at the police station
without being produced before the Magistrate concerned for the purpose of
remand.
Counter affidavit on behalf of the State has been filed by Shri Ram Bharose
said to be Superintendent of Police, district Bahraich whereby the allegations
of the telegram have been denied and in reply thereto it has been submitted
that an FIR was lodged by one Shri Sunder Lal Agrawal at the police station
Dargah Sharif vide case crime no. 663 of 2010, under Sections 395/397 IPC
against unknown person in which name of Jeeshan also figured, but he could
not be apprehended and is absconding. In the aforesaid case, for the purpose
of inquiry Mohd. Najeep alias Babbu was called at the police station on
04.07.2010 and he was allowed to go on the same day, entry of which finds
place at Rapat No. 8 of 06:45 hours and Rapat No. 27 of 15:25 hours. Neither
Mohd. Najeeb alias Babbu was arrested by the police of police station
Dargah Sharif on 03.07.2010 or before that nor he is wanted in any case by
the police of police station Dargah Sharif and on inquiry it revealed that at
present Mohd. Najeeb alias Babbu 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 :- 4.8.2010
Chauhan/-
