Court No. - 32 Case :- HABEAS CORPUS WRIT PETITION No. - 31158 of 2009 Petitioner :- Sanjay @ Sanju & Another Respondent :- State Of U.P. & Others Petitioner Counsel :- Anurag Pathak,K. Dhananjay Respondent Counsel :- Govt. Advocate Hon'ble R.K. Agrawal,J.
Hon’ble S.C. Agarwal,J.
Case has been taken up in the revised list. Learned counsel for the
petitioner has remained absent on both the calls.
We have heard Sri Sudhir Mehrotra, learned A.G.A. and have perused
the averments made in the writ petition as also in the counter affidavit.
The case of the petitioner is that he has been illegally detained by the
police authorities. However, in the counter filed by Neeraj Yadav, Sub-
Inspector, Police Station Sahibabad, district Ghaziabad, on behalf of
opposite party No. 3, in paragraph No. 7, it has been stated that the
petitioner had been arrested by the police on 25.6.2009 and was
challaned on the same day. It has further been stated by the AGA that
the orders for judicial custody has been given by the competent
Magistrate. The petitioner has not filed any rejoinder affidavit and
therefore, the Court has proceeded on the basis of averments made in
the counter affidavit treating it to be uncontroverted.
In this view of the matter, no relief can be granted.
The writ petition is wholly misconceived. It is accordingly dismissed.
Interim order, if any , is vacated.
Order Date :- 28.1.2010