This writ petition was dismissed by the High Court. The Court found no merit in the petitioner's claim and quashed the application for writ relief, citing lack of grounds for extraordinary jurisdiction under Article 226.
The writ petition was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 2799 of 2018
Petitioner :- Mohammad Arif Through His Brother Mohammad Adil Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mr Nisar Uddin,Mr Mohammad Yunus Khan
Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Krishna Pratap Singh,J.
Short Counter affidavit filed on behalf of respondent No.5 is taken record.
Sri Nisar Uddin, learned counsel for the petitioner and Ashish Pandey, learned counsel for respondent No.5 as well as learned AGA for State.
It has been pointed by the learned AGA that on an enquiry it was revealed that one lady teacher, namely, Arham, who was also posted in the institution where the corpus is posted as Head Master is also missing for which an F.I.R. was lodged by his brother, namely, Zeeshan Ahmad suspecting the involvement of the corpus which was registered as case crime no. Case Crime No. 16 of 2018 under Section 366 IPC, Police Station Cantt., District Varanasi. He further pointed out that the corpus and the said lady teacher are missing since then and it appears that they both have gone together on their own, the present petition appears to have no merit and is liable to be dismissed.
Learned counsel for the petitioner states that the said F.I.R. has been registered against corpus-petitioner, who is not traceable till date has been lodged in collusion with the police.
Considering the submissions advanced by learned counsel for the parties and after perusing the record, we do not find any good ground to interfere in the matter in its extraordinary power under Article 226 of the Constitution of India.
The petition lacks merit and is, accordingly, dismissed.
(Krishna Pratap Singh, J.) (Ramesh Sinha, J.)
Order Date :- 21.2.2018 S. Thakur
1 issue framed by the court
Whether the Court should interfere in the affidavit filed by the petitioner challenging the impugned order.
1 provisions across 1 enactments
Mohammad Arif Through His Brother Mohammad Adil
State Of U.P.
Ramesh Sinha
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
