Court No. - 25 Case :- HABEAS CORPUS No. - 447 of 2010 Petitioner :- Through Nagina Pandey 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. Nageena Pandey alleging therein that one S.I.
Yadunath of police had approached at her residence and threatened her that
the case filed by her should be withdrawn and if the same is not withdrawn,
he will implicate his son and family members in some false case. Her family
members were also threatened that they will be killed if the case is not
withdrawn.
Counter affidavit on behalf of the State has been filed by Shri Rajiv Krishna,
said to be SSP/DIG, district Lucknow wherein allegations of the telegram
have been denied and in reply thereto it has been stated that on inquiry, it
revealed that Vishnu Pandey, who is husband of Smt. Nageena is a notorious
criminal of district Lucknow, against whom various cases have been
registered in district Lucknow but he has not been arrested in any case nor by
the police of police station concerned. On inquiry it has been further revealed
that the police personnel of police station Talkatora had never visited the
house of Smt. Nageena and she has not been threatened by them.
It has been further averred in the counter affidavit that Vishnu Pandey and his
son are residing at their residence freely.
Due to what has been submitted in the un-controverted counter affidavit filed
by the State, this habeas corpus petition is mis-conceived and is accordingly
dismissed.
Order Date :- 29.7.2010
R.P/