Allahabad High Court
Shivnandan Yadav S/O Ram Asrey Thru Ram ... vs State Of U.P. on 3 August, 2010
Bench: Abdul Mateen, Yogendra Kumar Sangal
Court No. - 25 Case :- HABEAS CORPUS No. - 479 of 2010 Petitioner :- Shivnandan Yadav S/O Ram Asrey Thru Ram Gopal Yadav Respondent :- State Of U.P. Petitioner Counsel :- Telegram Respondent Counsel :- G.A. Hon'ble Abdul Mateen,J.
Hon'ble Yogendra Kumar Sangal,J.
This habeas corpus writ petition has been registered on the basis of a telegram said to have been sent by one Shri Ram Gopal Yadav alleging therein that his son Shivnandan Yadav has been lifted by the police personnel of police station Gudamba without any rhyme or reason. Apprehension is that Shivnandan Yadav may be implicated in some false case.
Counter affidavit on behalf of the State has been filed by Shri Rajiv Karishna said to be DIG/SSP, Lucknow whereby the allegations of the telegram have been denied and in reply thereto it has been submitted that Shivnandan Yadav was arrested on 06.07.2010 and was challaned in case crime no. 217 of 2010 lodged under Sections 41/411/420/467/468 and 471 IPC and in case crime no. 219 of 2010 lodged under Section 3/25 Arms Act since from his possession stolen motorcycle and country-made-pistol with live cartridges were recovered. Shivnandan Yadav was arrested after assigning due reasons and was produced before the Magistrate concerned on 07.07.2010. The Magistrate while going through the FIR and recovery memo remanded him in judicial custody and he was sent to District Jail, Lucknow where at present he is detained.
Due to what has been stated in the uncontroverted counter affidavit, this habeas corpus writ petition is misconceived and is accordingly dismissed.
Order Date :- 3.8.2010 Chauhan/-