Madhya Pradesh High Court
Sandeep Soni Thru. Mother Smt. ... vs Home Department on 13 August, 2015
W.P. No.4618/2015
13.8.2015.
Shri Rizwan Nizam, learned counsel for the
petitioner.
Shri P.M. Bhargava, learned counsel for the
respondents - State.
Heard. Perused the affidavit filed by the respondent No.2.
By this writ petition in the nature of habeas corpus filed by petitioner - Sandeep Soni, through his mother Smt. Jyotibala Soni, on the ground that her son has been illegally detained by the respondent No.2.
Considering the aforesaid, we have issued notice to the respondents.
The respondents immediately after receipt of the notice filed their reply and pointed out that some case has been registered against one Mr. Dharmendra Soni, who is having his shop at Jhabua under Section 380 and 467, IPC in connection with Crime No.26, 27 and 28/2015, registered at Khammam Rural Police Station & Circle of Khammam Sub - Div. During the search, as per daily diary Nos.332 and 323 of 20th June, 2015, the police from Khammam Rural Police Station with the help of local police of police station Jhabua, searched the house of one Mr. Dharmendra Soni. For interrogation, they took the present petitioner along with them. Later on, by Annexure R/1 dated 2/7/2015, they intimated Jhabua police that Crime No.39/2015, has been registered against Sandeep Soni S/o. Ashok Soni under Sections 457, 380, 411 and 414, IPC. On the basis of confession made by him, his uncle Dharmendra Soni, purchased the stolen property from Pawar Gang from M.P. State which they were committed thefts at Khammam rural, Paloncha, Kallu areas and Warangal. On the basis of confession made by him they recovered 20 grams of gold ring and gold chain. After arrest he was produced before the IInd Addl. Judicial First Class Magistrate Court, Khammam and is in judicial remand.
In view of the aforesaid, it cannot be said that petitioner has been illegally detained by the respondents No.1,2 and 3. No case to issue any direction to produce the detenu as prayed in this writ petition is made out nor this court has any territorial jurisdiction under Article 226 (2) of the Constitution as no part of cause of action arose at Jhabua to direct the police station Khammam Rural, Khammam District, Telangana State to produce the detenu. The petitioner if aggrieved by the action of the Khammam Police Station, Telangana, she may file an appropriate writ petition before Hyderabad and Telangana High Court or file an appropriate application for grant of bail before the concerned Judicial Magistrate.
With the aforesaid, W.P.No.4618 of 2015 is dismissed.
(P.K. JAISWAL) (J.K. JAIN)
JUDGE JUDGE
ss/-