Court No. - 25 Case :- HABEAS CORPUS No. - 419 of 2010 Petitioner :- Subhash Verma Thru Nishi Verma (Advocate) 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 a telegram said
to have been sent by Ms. Nishi Verma, Advocate, alleging there in that her
younger brother Subhash Verma has been taken away by certain police
personnel claiming themselves to be police personnel of police station
Aminabad on 14.06.2010 from her house with the threat that she and her
brother should vacate House No. 103/136, Modal House Lucknow otherwise
Subhash will be implicated in some false case.
On behalf of the State counter affidavit has been filed by Shri Rajiv Krishna,
said to be DIG/SSP, Lucknow wherein allegations of the telegram have been
denied and in reply thereto it has been stated that Subhas Verma was called at
the police station on 14.06.2010 with respect to an investigation being
conducted in case crime no. 181 of 2010 lodged under Section 392 IPC,
which was registered against unknown person. It has been further averred that
after inquiry Subhash was allowed to go on the same day, due entry of which
finds place in Nakal Rapat No. 31 at 17:40 hours of dated 14.06.2010 of
police station Aminabad, district Lucknow. It has been further averred that at
no point of time Subhash was ever arrested by the police personnel of police
station Aminabad nor he is wanted in any case from the said police station
and on inquiry being made it revealed that Subhash is residing at his residence
freely.
Due to what has been narrated in the uncontroverted counter affidavit, this
habeas corpus petition is misconceived and is accordingly dismissed.
Order Date :- 7.7.2010
Chauhan/-