Writ petitioner's wife filed a habeas corpus petition for her husband detained in judicial custody at District Jail, Lucknow, accused of theft and cheating. Court found detention justified per affidavit, dismissed petition.
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Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 33 of 2022
Petitioner :- Manish Kumar Rajpoot Thru. His Wife Shiva Respondent :- State of U.P. Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
The instant habeas corpus petition has been registered on the basis of letter petition filed by Smt. Shiva wife of detenue -Manish Kumar Rajpoot.
An affidavit has been filed by Shri Umesh Chandra Verma, learned A.G.A. for the State-respondent, which is taken on record.
It has been averred in the affidavit that the petitioner/detenue was named in FIR No.0045 of 2022, under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C. and he was arrested on 10.02.2022 and on his pointing out, 5 stolen luxury cars including one BMW were recovered. The petitioner/detenue was produced before the Remand Magistrate on 11.02.2022 and thereafter he was sent to jail under judicial custody and now he is presently lodged in District Jail, Lucknow.
In view of the above, the present habeas corpus writ petition lacks merit and is hereby dismissed .
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 13.12.2022 Anand Sri./-
Digitally signed by ANAND KUMAR SRIVASTAVA Date: 2022.12.13 15:49:43 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the state respondent has MERIT to justify the arrest and detention of petitioner under Sections 406, 420, 467, 468, 471, 504, 506 I.P.C.
Manish Kumar Rajpoot
State of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
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