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arrangement (video conferencing/physical Mode).

Heard learned counsel for the petitioner, learned Addl. Govt. Advocate appearing for opp. parties nos. 1 to 5 and learned Central Govt. Counsel appearing for opp. party no.6.

The petitioner Pradeep Kumar Shrestha has filed this writ petition in the nature of habeas corpus with a prayer as to why the detention of his brother Pratap Kumar Shrestha by the Inspector in-charge of Aska police station shall not be declared as illegal and why proper // 2 // direction should not be issued to release him from police custody forthwith.

In the writ petition, it is averred that the brother of the petitioner is an ex-army personnel and during his service period, one disciplinary proceeding was initiated against him by the Commandant of his wing and in the meantime, the brother of the petitioner retired from his service and on 17.03.2022 around 7.15 p.m., all of a sudden four local police personnel of Aska police station came to the house of the petitioner and forcibly dragged his brother from the house even though it was objected to by the petitioner and his family members. Though it was intimated to the family members that there is a cognizable offence pending against Pratap Kumar Shrestha and vide Court order, they were bound to arrest him but when the petitioner demanded the copy of such order, neither the Inspector in-charge of Aska police station nor any of his staff shown any such copy. No document or order or letter was shown to the petitioner and his brother was forcibly taken into custody. It is the further case of the petitioner that he and his family members came to Aska police station and tried to meet his brother but the Inspector in-charge of Aska police station refused to allow them to meet and asked them to come on the next day i.e. 18.03.2022. On the next day again, when the petitioner and his family members came to the police station and tried to meet Pratap Kumar // 3 // Shrestha, they were told that he was not in their custody and had been handed over to army personnel who came from New Delhi. It is further stated that the petitioner and his family members were kept in darkness regarding the whereabouts of Pratap Kumar Shrestha till filing of the writ petition and the opposite party no.5 has detained him without any allegation and that the police officials of the Aska police station exceeded their jurisdiction.

After notice was issued, the opposite party no.5, i.e. the Inspector in-charge of Aska police station filed the counter affidavit dated 07.07.2022 wherein it is indicated as follows:

"2. That the brief fact of the matter is that, in obidence to the letter number 224/CR/ 60/298/22 dtd. 02/02/2022 of IGP, Southern Range, Berhampur in connection with the letter no. CF/308103/83/A dtd. 14.01.2022 of Captain Sanyam Kaushal, Officiating Adjutant for Commanding Officer, 109 light Air Defence Regiment (Self Propelled), CO, APO-56 and Letter no.430/Jud./XXXI-4/2022 Dtd. 18.02.2022 of Collector & District Magistrate, Ganjam, Chatrapur for early apprehension of Sri Pratap Chandra Shrestha, No.15785916H (Ex Hav (OPR), S/o- Sri Lingaraj Shrestha, Vill- Bada Kharida, PS- Kabisuryanagar, District- Ganjam, PIN-761041 (Odisha) and to produce // 4 // him at nearest Military Station (Ad College / Army AD Centre), Sri Pratap Chandra Shrestha was apprehended on 18.03.2022 at 12.15 PM from his present house at College Square, Aska by Kabisuryanagar P.S. staff and with proper intimation to his family members. In this regard Kabisuryanagar PS GD no.011 dtd. 18.03.2022 has been prepared. After his apprehension on the same day i.e. on 18.03.2022 he was immediately taken to the nearest military camp i.e. the Commanding Officer, Army AD College, Golabandha and handed over to Major, Adjutant, 28 Air Defence Regiment with proper handing taking charge.
Thereafter, the IIC Kabisuryanagar, being instructed by the Addl. District Magistrate, Ganjam vide memo No. 431 18.2.2022 to apprehend Sri Pratap and to ensure his // 10 // appearance before the Colonel Commanding Officer, 109 LADR proceeded to apprehend Sri Pratap Chandra Srestha.
On the date of apprehension, the IIC, Kabisuryanagar got reliable information that Sri Pratap Chandra Srestha is taking shelter at College Square, Aska, which comes under Aska Police Station. Accordingly, the IIC, Kabisuryanagar apprehended Sri Pratap Chandra Srestha on 18.3.2022 at Aska and handed over him to Major, Adjutant, 28 ADR.