J S CHAUHAN Vs. STATE

JUDGEMENT

(1.) .Mr.J.S.Chauhan has filed this petition under Article 226 of the Constitution of India read with Section 482 of Criminal Procedure Code seeking a writ of habeus corpus against the State of Delhi, Commissioner of Police and S.H.O. of Police Station Vasant Vihar for production of his son Sanjeev. It was averred in the petition that the petitioner is the owner of a two-wheeler scooter bearing registration No.DEO 4506 and his son, on 4th January 1995, had been asked to get that scooter repaired from a mechanic and since that date, his son had become untracable and a written complaint was also made to the S.H.O. of Police Station Defence Colony on 7th January 1995 in this respect.

(2.) .It is further disclosed in the petition that on 11th January 1995, a telephone call came to him informing him that his scooter was lying in the Vasant Vihar Police Station and on the following day, he visited the said Police Station but one Mr.Kamal Dev refused to release the scooter and also refused to disclose the circumstances under which the scooter had been seized and also did not give the whereabouts of his son Sanjeev.

(3.) .According to the petitioner, on 12th January 1995, he received a telephone call threatening him that in case he got in touch with the police, he would loose his son. It was further disclosed in the petition that on 4th January 1995, his son had attended the proceedings in case pertaining to FIR No.155/89 under Section 25 of The Arms Act of the Police Station Vasant Vihar in the Court of Sh.V.K.Bansal, Metropolitan Magistrate. It was also disclosed by the petitioner that in the said Arms Act case, the constable, who had allegedly witnessed the recovery of the knife, had made a statement that no such knife had been recovered from the petitioner and a pistol was recovered and the public witness, who was cited, had become untraceable although he was resident of the same village as the Investigating Officer of that case.