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7. On going through Para 18 of the counter affidavit of C.N. Dubey, it is gathered that on 2-11-2003 at about 8.30 a.m. Deepak Chandna came to meet arrested Surendra Pasi and Santosh Pasi and he brought break-fast and tea for them. The arrested persons informed ASI L.K. Tiwari that Deepak Chandna is the person of their closed acquaintance and, therefore, notice of arrest was given to said Deepak Chandna by ASI L.K. Tiwari. According to the respondents, by mistake instead of "Surendra Pasi" name of "Rajendra Pasi" was mentioned as person arrested by the police and indeed by taking the advance of this human error, the petitioner is taking unfair advantage. Similar type of counter affidavit has been given by L.K. Tiwari, respondent No. 4. Respondent No. 1, Superintendent of Police, has also given an affidavit after examining the entire matter departmentally. In his affidavit, it has been categorically stated by him that Rajendra Pasi was never arrested, indeed Santosh Pasi and Surendra Pasi were arrested and Rajendra Pasi and Rajendra Tiwari managed to escape taking the advantage of crowd assembled at the spot. On these premised reasonings, according to the respondents, since Rajendra Pasi has not been arrested and he is absconding, no case is made out for invoking the jurisdiction for issuance of writ of habeas corpus and there is no merit in the petition.

8. We have given our bestowed consideration to the arguments advanced by learned Counsel for the parties. According to our considered view, the case putforth by the respondents has merit. The whole trouble arose on account of human error committed by respondent No. 4, ASI Laxmi Tiwari while issuing notice (Annexure P-2) in which by mistake instead of Surendra Pasi, he wrote Rajendra Pasi. It is no more in dispute that Surendra Pasi, Rajendra Pasi and Santosh Pasi are the real brothers and are the sons of Puranlal Pasi. If the contention raised on behalf of the petitioner is accepted that petitioner's all three sons were arrested in the night of 1-11 -2003 then why notice of arrest was given to Deepak Chandna in regard to Santosh Pasi and Rajendra Pasi only and why not for her third son Surendra Pasi who was also arrested. This itself go to show that at the spot only two persons were arrested and they are Santosh Pasi and Surendra Pasi. However, on account of human error and by slip of pen instead of naming "Surendra Pasi" the name of "Rajendra Pasi" has been mentioned in Annexure P-2. On going through two Roznamchas (Documents A and B) it is revealed that Santosh Pasi and Surendra Pasi were caught at the spot, however, other two accused persons namely Rajendra Pasi and Rajendra Tiwari escaped as they flee away from the spot. If the contention of the petitioner is accepted that her all three sons including Rajendra Pasi were arrested from her house then why the name of Surendra Pasi is missing from the notice (Annexure P-2). The reason is as clear like a noon day that on account of human error, instead of writing Surendra Pasi the name of "Rajendra Pasi" has been written and the petitioner is taking undue advantage of this error and trying to make mountain of a mole hill. The petitioner is unsuccessfully trying to twist the facts and trying to take undue advantage by applying Annexure P-2 as a trump-card. We are not hesitating to state so because it has become clear like a noon day that under the garb of human error committed by respondent No. 4 in Annexure P-2 the petitioner has tried and has unsuccessfully put an attempt to manufacture the writ of habeas-corpus as a weapon of attack and to obtain illegal advantage.

13. Ordinarily, we would not have imposed exemplary costs, but in the peculiar facts and circumstances, just to take advantage of human error committed by respondent No. 4 while preparing Annexure P-2 and writing "Rajendra Pasi" in it, that error has been used as a weapon and is being exercised in a negative form, in our view, this is a fit case to impose exemplary costs of Rs. 5,000/-.

14. In the result, the petition is found to be devoid of any substance and the same is hereby dismissed with costs which is quantified to Rs. 5,000/-(Rs. Five thousand only). The case diary of above said three crime numbers are hereby returned.