ZOHRA BAI Vs. STATE

JUDGEMENT

(1.) The petitioner Smt. Zohra Bi, in the Habeas Corpus petition under Article 226 of the Constitution of India seeks release of Shamshul Arfeen, Faizul Arfeen, Zainul Abdin, Waseem Ahmad, Mohd. Zubair, Nabi Ahmad, Zameer Ahmad, Shoeb Ahmad, Sardar Ahmad, Faheem Ahmad and Smt. Nasreen Begum, from the alleged illegal detention of the police.

(2.) . It is beyond the pale of controversy that there is a dispute between the petitioner and the respondents No.6 and 7 in respect of the house No.3823, Gali Hafiz Bannewali, Churiwalan Delhi (hereinafter referred to as 'the disputed house') and a civil suit in respect of the said dispute is pending before the Civil Judge, Delhi. On 9.5.95, the respondent No.7 had lodged a report (F.I.R.No.138/95) under Sections 509/506 Indian Penal Code . at the Police Station Haus Qazi against Mohd. Zuber. Thereafter, on 8.6.95, the respondent No.7 lodged another report (F.I.R. No.186/95 at the P.S. Hauz Qazi) under Sections 448/380/34 Indian Penal Code . alleging therein that the petitioner alongwith Sardar Ahmad, Shamshul Arfeen, Faizul Arfeen, Zainul Abdeen, Julkarnain, Zuber Ahmad, Nabi Ahmad, Zameer Ahmad, Shoeb Ahmad, and Faheem Ahmad committed house tresspass by breaking open the lock of one of the rooms of the disputed house and dishonestly removed her jewellery, cash and other household articles therefrom. On 8.6.95, at about 1.30 p.m., the police had gone to arrest the aforesaid persons and the petitioner was arrested by the police but lateron she was enlarged on bail by the Metropolitan Magistrate, Delhi.

(3.) . The petitioner complains that on 8.6.95 at about 1.30 p.m. a police party headed by the S.H.O. Dharampal of the P.S. Hauz Qazi committed house tresspass by breaking open lock of one of the rooms of the disputed house and arrested the said persons including Smt. Nasreen Begum and now they are under illegal detention of the police.