AMIT JANI Vs. STATE OF U.P.

JUDGEMENT

(1.) This habeas corpus petition has been filed directing the respondent authorities to produce the corpus of the petitioner and to set him free from illegal detention of respondent no.5 / City Magistrate, Noida, Gautam Budh Nagar.

(2.) On 16.11.2019, at the request of the learned A.G.A, the matter was posted for 19.11.2019 in order to enable him to obtain instructions. The learned A.G.A, on 19.11.2019 informed that he could not communicate the earlier order dated 16.11.2019 to the authorities, but the learned counsel for the petitioner stated that the detenu was released in the evening of 16.11.2019. We on 5.12.2019 called upon the learned A.G.A, to file a personal affidavit of respondent no.5. A counter affidavit of respondent no.5 was filed on 6.1.2020, to which a rejoinder is filed.

(3.) The petitioner was arrested from his residence by police of P.S, Sector 20 NOIDA, Gautam Budh Nagar on 9.11.2019 at about -2:00 A.M. No reason for arrest is disclosed to the family members of the petitioner, who approached the higher authorities to ascertain his whereabouts and reasons of arrest. The police informed the family members of the petitioner that he has been sent to District Jail, Gautam Budh Nagar under Sections 107/116 and 151 CrPC on 9.11.2019. The reasons for arrest as recorded in the report under Section 151 CrPC is extracted hereinbelow:-