This High Court dismissed a habeas corpus petition maintaining the corpus of a petitioner. The court held that an FIR lodged during the detention period precludes a finding of unlawful detention, limiting the remedy to compensation for any pre-FIR unlawful detention without prejudging other remedies.
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Court No. - 29
Case :- HABEAS CORPUS WRIT PETITION No. - 162 of 2020
Petitioner :- Dharmendra Singh And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Akhilesh K. Dwivedi,Suresh Singh
Counsel for Respondent :- G.A.
Hon'ble Pankaj Mithal,J. Hon'ble Pradeep Kumar Srivastava,J.
Heard learned counsel for the petitioners and learned AGA for the respondents.
The petitioners have preferred this writ petition for the issuance of the writ in the nature of habeas corpus so as to produce the corpus of petitioner No.1 Dharmendra Singh before the court and to release him from the illegal detention of the police.
The petitioners are husband and wife and it is alleged that the petitioner No.1 has been illegally detained by the police.
Learned counsel for the petitioners has filed supplementary affidavit stating that in order to make the detention legal, the petitioner No.1 has been falsely involved in an offence in respect of which an FIR has been lodged on 12.02.2020 registered as Case Crime No. 0032 of 2020, under Sections 8/20 N.D.P.S. Act 1985, Police Station Paschim Sarira, District Kaushambi and it is alleged that the petitioner No.1 has been arrested in connection with the said offence.
In view of the aforesaid FIR and that the petitioner No.1 has been detained in connection with the same, it cannot be said that as on date the petitioner No.1 is in any unlawful detention so as to permit the petitioners to maintain the writ in the nature of habeas corpus.
In case the petitioner No.1 has been unlawfully detained, prior to the lodging of the FIR, the remedy of the petitioners is to seek damages/compensation for such unlawful detention.
The Writ Petition is dismissed with the above
observation.
This is without prejudice to the other remedies open to the petitioners.
Order Date :- 20.2.2020 piyush
2 issues framed by the court
Whether a writ petition for habeas corpus can be maintained when the petitioner is detained in connection with an FIR registered subsequently.
Whether the petitioners are entitled to compensation for alleged unlawful detention prior to the lodging of the FIR.
Dharmendra Singh
State Of U.P.
Pankaj Mithal
Pradeep Kumar Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
