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Md. Shams Faiyaz Ansari (minor) Thru' His Father v. State Of U.P. And Others - HABEAS CORPUS WRIT PETITION No. 35291 of 2005 [2005] RD-AH 1186 (29 April 2005)


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Court No. 32

     Habeas Corpus Writ Petition No. 35291 of 2005

Mohd.Shams Faiyaz Ansari  V.   State of U.P. and others


Hon'ble S.Rafat Alam J.

Hon'ble Vikram Nath J.

This petition was filed yesterday, only along with an  urgency application for taking up today. This court vide order dated 28.4.2005 allowed the application and ordered to place the present writ petition for admission today.

Pursuant to that order the instant petition is placed today before us.

We have heard Sri M.S. Ansari, learned counsel for the petitioner and Sri Arvind Tripathi learned Additional Government Advocate.

It is alleged in the writ petition that on 25.4.2005 the police personnel's entered into the room of the petitioner at about 3 P.M. and took him to Colenelganj police station and since then he is being detained in the police station.

Sri Arvind Tripathi learned Additional Government Advocate on instruction from the respondent no.3 informs that the petitioner's involvement has come through investigation in case Crime No. 99 of 2005 P.S. Colonelganj with regard to murder of Anjesh Kumar Singh who was alleged to be having illicit relations with his sister. It has further been stated by Sri Tripathi that the police made efforts on 25th April 2005 to locate the petitioner. Again efforts were made on 26.4.2005 enquiries were made from him and and thereafter allowed to go. Later, on 27.04.2005 when evidence was collected against him again search was made but on that day he could not be located. However, on 28.4.2005 at 12.30 P.M. he was arrested along with Harendra Singh and was brought to the police station. It has further been stated that today i.e. 29.04.2005 he shall be produced before the Magistrate. The above statement of Sri Tripathi was made on the report sent by Sri B.P.S. Baghel, S.S.I. Colonelganj police station. A copy of the said report is also placed before this Court, which is taken on record.

In view of the aforesaid statement and also in view of the fact that the petitioner was arrested on 28.4.2005 and also sent today before the Magistrate, no relief can be granted to the petitioner.

This petition is accordingly dismissed.




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