SHANTI DEVI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) Present writ of habeas corpus and compensation has been filed by the petitioner-mother seeking a direction to the respondents to produce the alleged detenu Mr. Sumit, son of Shri Om Prakash, resident of B-1/114, JJ Colony, Raghubir Nagar, Delhi before this Court.

(2.) In the present petition it had been averred that the petitioner's son was in the illegal detention of the SHO, Police Station Sagarpur from 15th July 2019 3.30 p.m. It had also been averred in the petition that the police illegally took the petitioner's son in a white Swift car on 15th July 2019 in connection with the murder of Shahrukh allegedly committed by one Joginder Singh @ Joga of Sagarpur.

(3.) When the matter was taken up for hearing on 18th July, 2019, at the first call, Mr. Rahul Mehra, learned standing counsel for State had handed over a copy of the status report and shown us photocopy of the General Diary and Case Diary to contend that three notices had been issued under Section 160 Cr. P.C. to Sumit to appear before police in connection with the aforesaid murder case on 15th, 16th and 17th July, 2019. In the status report it was averred that though initially Sumit was a suspect, but on interrogation it had been found that he had no role to play in the alleged murder. Mr. Rahul Mehra had also orally informed us in the morning session that Sumit had been allowed to leave the police station with Roop Singh in the evening of 17th July, 2019. Roop Singh who was present in Court had confirmed the said fact.