MANOJ SINGH Vs. STATE

JUDGEMENT

(1.) THIS writ petition has been filed seeking a writ of Habeas Corpus requiring the production of Kamlesh, who is alleged to be the petitionerï¿ 1/2s wife. On issuance of notice, Kamlesh had been produced before this court from Nari Niketan as she had been sent there pursuant to an order of the learned Metropolitan Magistrate dated 24.03.2010 in a case registered against the petitioner in Police Station Sangam Vihar under Section 363/366/376 IPC. Thereafter she has been produced before this Court from Nirmal Chhaya, Nari Niketan on different dates. Kamleshï¿ 1/2s father, Sh. Ram Khiladi has also been appearing before this court on several occasions.

(2.) THE learned counsel for the State submitted that Kamlesh had filed a writ petition being W.P.(Crl) No. 1278/2009 wherein it was prayed that FIR No. 312/2009 under Sections 363 IPC registered at Police Station Sangam Vihar in which the present petitioner is an accused, be quashed. The said writ petition, was dismissed by an order dated 02.02.2010 passed by the learned Single Judge of this court. We are informed by Mr Pawan Sharma, the learned counsel for the State, that Kamlesh has preferred a Special Leave Petition against the aforesaid order before the Supreme Court which is pending.

(3.) IT is thereafter that the present writ petition came to be filed by the petitioner seeking a writ of Habeas Corpus directing the ï¿ 1/2releaseï¿ 1/2 of Kamlesh from Nirmal Chhaya, Nari Niketan.