LAWS(ALL)-2004-3-7

LONGSHRI Vs. S S P MURADABAD

Decided On March 16, 2004
LONGSHRI Appellant
V/S
S.S.P.MURADABAD Respondents

JUDGEMENT

(1.) The petitioner is the wife of respondent No. 5 Babu and respondents No. 6 to 8 are her other family members. Through this Habeas Corpus Petition she has prayed for a direction in the nature of mandamus to respondents No. 1 to 4 to produce respondents No. 5 to 8 before the Court.

(2.) The allegations are that she is the only lady in her family and on 11-11-2003 at about 2.30 0 clock, the Mora-dabad Police entered her house in dark-ness of night and arrested respondents No. 5 to 8 without any warrant, giving assurance that after inquiry they would be left from Police Station, but she failed to obtain any information from the police about them thereafter, who, according to her, illegally detained in police custody.

(3.) Respondent No. 1 is Senior Superintendent of Police, Moradabad; respondent No. 2 is S.O./S.H.O. of Police Station Civil Lines, Moradabad; respondent No. 3 is S.O./S.H.O. Police Station Manjola, District Moradabad and respondent No. 1 is In-charge, Special Staff of Police, District Moradabad. From the side of respondents four counter affidavits have been filed, i.e. of Rishi Pal Singh, Deputy Superintendent of Police, Moradabad on behalf of respondent No. 1, of 0.P. Singh, Station House Officer, Police Station Civil Lines, District Moradabad respondent No. 2, of Ashok Kumar, Station Officer, P.S. Majhola, District Moradabad respondent No. 3 and of Kavindra Narain Misra, Inspector, Special Operation Group, District Moradabad respondent No. 4.