Habeas corpus petition challenging alleged illegal detention of petitioner Subhash Singh, father of an accused in a murder case. Court found no detention occurred as petitioner was permitted to go after interrogation.
Petitioner released; petition dismissed as infructuous due to lack of detention.
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Court No. - 1
Case :- HABEAS CORPUS WRIT PETITION No. - 24990 of 2021
Petitioner :- Subhash Singh Thru.Wife Kanak Lata Singh Respondent :- State Of U.P.Thru.Prin.Secy.Home Lucknow And Ors. Counsel for Petitioner :- Surya Prakash Singh Counsel for Respondent :- G.A.
Hon'ble Ramesh Sinha,J. Hon'ble Mrs. Saroj Yadav,J.
Heard Mr. Ganesh Gupta, learned brief holder for the State-respondent.
None appears on behalf of the petitioner to press this Habeas Corpus Petition.
The present Habeas Corpus Petition has been filed by the petitioner through his wife Kanak Lata Singh for directing the respondents to produce the petitioner /detenue Subhash Singh before this Hon'ble Court and release the petitioner/detenue Sushash Singh from Police Station Kotwali Nagar, District Ayodhya in the interest of justice.
From perusal of the personal afÏdavit of Senior Superintendent of Police, District Ayodhya it transpires that petitioner (Subhash Singh) happens to be the father of the accused Abhishek Singh who is involved in Case Crime No.0665 of 2021, which was registered on 14.10.2021 at Police Station Kotwali City, Ayodhya for committing the murder of one Manjeet and two sisters of the deceased were also injured.
He further submitted that accused persons namely Hemendra Pratap Singh, Mritunjay Singh, Arunendra Pratap Mishra and Shivam Singh are absconding and N.B.Ws were issued against them. During the investigation petitioner Subhash Singh who is father of the accused Abhishek Singh was summoned on 21.10.2021 to the Police Station for interrogation and after interrogation about the whereabouts of the absconding accused,
petitioner was permitted to go alongwith his brother Rakesh Singh after putting their signatures in the G.D. and petitioner has not been detained by the concerned police station. Hence there appears to be no illegal detention of the petitioner. As such the matter requires no further consideration.
Accordingly, the present Habeas Corpus Petition is dismissed as infructuous.
Let the present case be consigned to record.
(Mrs. Saroj Yadav, J.) (Ramesh Sinha, J.)
Order Date :- 14.12.2022 A.K. Singh
Digitally signed by ASHISH KUMAR SINGH Date: 2022.12.15 11:50:54 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the petitioner was illegally detained by the State.
Whether the petitioner's release was lawful after interrogation.
Subhash Singh
State of U.P.
Ramesh Sinha
Saroj Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
