MOHD ASIF Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking a writ in the nature of habeas corpus commanding the respondent no. 2/Station In-charge, PS Gadarpur, Udham Singh Nagar to produce the corpus Mahtab Jahan from the alleged unlawful custody of respondents no. 3 and 4.

(2.) Heard learned Counsel for the parties and perused the record.

(3.) The case as set out by the petitioner is that corpus Mahtab Jahan is his real sister, who is missing since 20.2.2010 and, therefore, he lodged the missing report with PS Gadarpur. In the meantime, he also continued searching his sister and later on came to know that his sister was abducted by respondent no. 3 Mohd. Yamin in collusion with respondent no. 4 Sahidurrahman, who are absconding since then. Thereafter he lodged an FIR with PS Gadarpur on 24.2.2010. Since his sister i.e. the corpus could not be recovered by the police, therefore, he also complained the matter to higher police authorities. But till date, his sister could not be recovered or released from the custody of respondents no. 3 and 4.