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Roshan Lal v. State Of U.P. & Others - HABEAS CORPUS WRIT PETITION No. 15426 of 2004 [2004] RD-AH 556 (16 August 2004)


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Court No.32

Habeas Corpus Writ Petition No.15426 of 2004

Roshan Lal vs. State of U.P. & others.

Hon'ble S. Rafat Alam, J.

Hon'ble Mukteshwar Prasad, J.


In the instant petition it has been alleged that the petitioner, Roshan Lal is illegally detained since 5.4.2004 by the Station House Officer, Police Station Kokhraj, District Allahabad.

Heard learned counsel for the petitioner and the learned AGA.

It is urged that the petitioner is not wanted in any criminal case nor he has any criminal antecedent despite that respondent no.3 has detained him since 5.4.2004 in the police station.  

On the other hand, learned AGA drew our attention to the statement made in the counter affidavit filed by the Deputy Superintendent of Police Sirathu, District Allahabad wherein the allegation of illegal detention has been denied.  It has been stated in the counter affidavit that the petitioner was wanted in case crime no.18 of 2004 under Sections 376 & 302 IPC and Section 3(1)(X) of the SC & ST Act, P.S. Kokhraj, District Allahabad and was arrested 9.4.2004.  It has also been disclosed in the counter affidavit that the deponent is the Investigating Officer of the crime in question and arrest of the petitioner was effected under his order.   It is also stated that the petitioner was arrested along with Mahender Yadav and they have confessed their involvement in the crime and also narrated the story of committing rape by them on the deceased Sugamia, whose dead body was subsequently recovered.  The allegation of arrest on 6.4.2004 has been denied in the counter affidavit and it has been asserted that the petitioner was, in fact, arrested on 9.4.2004.

In the fact of the case and also in view of the fact that the petitioner has been arrested in connection with the aforesaid case and has been remanded to judicial custody this petition is misconceived and the prayer sought for cannot be granted.  

There is no merit in this petition.  It is accordingly dismissed.




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