Court No. - 25 Case :- HABEAS CORPUS No. - 262 of 2010 Petitioner :- Raja @ Kamaluddin Thru Parmadevi W/O Chhabile Respondent :- State Of U.P. Petitioner Counsel :- Telegram Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Heard learned Additional Government Advocate.
This habeas corpus petition has been registered on the basis of telegram said
to have been sent by Smt. Paramadevi, wife of Chhavile, alleging therein that
her son Raja alias Kamaluddin has been picked up by the police personnel of
police station Gomti Nagar in the night of 22/23.04.2010 without any rhyme
or reason. The police personnel have stolen certain household property and
apprehension is that Raja alias Kamaluddin 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 said Raja alias Kamaluddin
was arrested on 24.04.2010 along with his four associates since from their
possession stolen property of case crime no. 153 of 2010, under Sections
457/380 IPC and case crime no. 244 of 2010, under Sections 457/380 was
recovered. Raja alias Kamaludin was challaned in case crime no. 322 of 2010,
under Section 401 IPC and case crime no. 323 of 2010, under Section 4/25
Arms Act. Within twenty-four hours, on 25.04.2010, Raja alias Kamaluddin
was produced before the Magistrate concerned from where he was remanded
in judicial custody and was sent to jail.
Due to what has been stated in the uncontroverted counter affidavit, this
habeas corpus writ petition is misconceived and is accordingly dismissed.
Order Date :- 1.7.2010
Chauhan/-