Court No. - 25 Case :- HABEAS CORPUS No. - 489 of 2010 Petitioner :- Vishal Thru Kanhaiya Lal Gupta Respondent :- State Of U.P. Petitioner Counsel :- Telegram Respondent Counsel :- G.A. AND Case :- HABEAS CORPUS No. - 485 of 2010 Petitioner :- Vishal Thru Kanhaiya Lal Gupta Respondent :- State Of U.P. Petitioner Counsel :- Telegram Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon’ble Yogendra Kumar Sangal,J.
Since these two habeas corpus petitions arise out of one and the same
telegram said to have been sent by one Kanhiya Lal Gupta with respect to
the allegations which are same as such they are being taken up together.
These two habeas corpus petitions have been registered on the basis of
telegrams said to have been sent by one Kanhiya Lal Gupta alleging there in
that his son Vishal has been lifted by the police personnel from his shop
situated at Alamnagar Roadways Bus Station, his whereabouts are not
known. He apprehends that he might be implicated in some false case.
Counter affidavit on behalf of the State has been filed by Sri Rajeev Krishna
said to be SSP/DIG, district Lucknow denying the allegations of telegram
and in reply thereto it has been stated that Vishal is wanted in a case relating
to police station Ashiana pertaining to case crime No. 127 of 2009, under
sections 2/3 U.P Gangester and Anti Social Activities (Prevention) Act 1986
and as such he was arrested on 8.7.2010 after assigning due reasons by the
S.O. of police station Banthra at 2.35 p.m. and was produced before the
Magistrate concerned on the same day from where he was remanded to jail
custody and at present he is in jail under judicial custody.
Due to what has been stated in the un-controverted counter affidavit, these
habeas corpus petitions are misconceived and are accordingly dismissed.
Order Date :- 4.8.2010
R.P/