Court No. - 25 Case :- HABEAS CORPUS No. - 314 of 2010 Petitioner :- Sher Bahadur 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 one Smt. Meera alleging therein that his Son Sher
Bahadur has been lifted by the police personnel of police station Kamla Pur,
district Sitapur on 06.05.2010 and till date i.e. 12.05.2010 (Telegram has been
sent on 12.05.2010) he has been detained at the Police Station Kamlapur,
district Sitapur without producing him before the Magistrate, within twenty
hours. She apprehends that his Son Sher Bahadur may be implicated in some
false case.
Counter affidavit on behalf of the State has been filed by Shri Amitabh Yash
said to be SP, Sitapur wherein allegations of the telegram have been denied
and in reply thereto it has been stated that on the basis of an FIR lodged by
one Narendra Kumar Gupta, a case was registered vide Case Crime No. 223
of 2010 at the Police Station Kamlapur, district Sitapur under Section 392 IPC
against three unknown person and during the course of investigation, three
persons namely, Naresh Kumar Dixit alias Manoj, Sanjai Yadav and Ajai
Yadav were arrested and one person was able to flee away whose name came
into light as Sher Bahadur son of Babu Lal, as such he was arrested on
17.05.2010 and after assigning due reasons, he was taken into custody and
from his possession one country-made Pistol, two live cartridges were also
recovered along with 200 gms Smack, as such he was challaned in Case
Crime No. 278 of 2010, under Sections 147, 148, 149, 307, 420, 467, 468 &
471 IPC and Case Crime No. 282 of 2010 under Section 2/21 N.D.P.S. Act.
He was produced before the Magistrate concerned on 18.05.2010 and sent to
judicial custody in district Jail, Sitapur.
In the FIR it has been mentioned which has been annexed along with the
counter affidavit that the Case Crime No. 223 of 2010, under Section 392 IPC
which has been lodged against three unknown persons and these three
unknown persons were arrested on 26.04.2010 as indicated in Paragraph 5 of
the counter affidavit, it is surprising that how the 4th person Sher Bahadur
was arrested in the aforesaid case. Accordingly, we direct that the I.O. of the
aforesaid case crime shall appear before this Court on 18th August, 2010. It is
also to be made clear that in the Telegram it has been said that Sher Bahadur
was picked up by the Police on 06.05.2010, Telegram was sent on 12.05.2010
and in the Counter affidavit he has been shown to be arrested on 17.05.2010.
List this case on 18th August, 2010.
Registrar of this Court as well as learned Government Advocate is directed to
ensure compliance.
Order Date :- 15.7.2010/Kaushal