MOHD RASHID Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This petition has been filed by Mohd. Rashid aged about 8 years, through his father Maulana Kallan Petitioner No. 1. Petitioner No. 2 Smt. Sughra Begum is the mother of Mohd. Rashid. The petition has been filed by the petitioners with the allegations that their minor son Mohd. Rashid had been forcibly taken away by the police of P.S. Kotwali, District Ghaziabad on 20-8-1998 at about 8.30 P.M. from their house and since then where abouts of the boy are not being disclosed by the police.

(2.) Counter affidavits came to be filed on behalf of respondents by respondent No. 5 R.P. Sharma, Station House Officer of Police Station Kotwali, District Ghaziabad, R.C. Sharma, another Station House Officer, P.S. Kotwali, District Ghaziabad and Prashant Kumar, Senior Superintendent of Police Ghaziabad, denying the allegations made by the petitioners. It was averred in the counter affidavits that the petitioners and their family members were in the habit of filing such petitions. In the counter affidavit filed by respondent No. 5, it has specifically been averred that various criminal cases have been registered against Kallan (petitioner No. 1) right from the year 1976 upto 1998. A list of such criminal cases registered against him has been filed as Annexure CA-i to the counter affidavit. The said counter affidavit further avers that Koti brother of Kallan is also involved in various criminal cases of murder, dacoity, robbery etc. A list thereof has been annexed as Annexure CA 2 to the counter affidavit. Annexure CA i to the said counter affidavit is an order of the Apex Court, from which it appears that Maulana Kallan (father of Mohd. Rashid through whom this petition has been filed) moved an application there for restoration of his son Saanu. Later on, it was revealed that Saanu had been restored to his father. The petition was, therefore, rendered infructuous and dismissed. A perusal of C.A. 3 to the counter affidavit filed by respondent No. 5 shows that Anwari Beguma close relation of Kallan filed an application before the Supreme Court for recovery of his brother-in-law Yakoob. That petition was got dismissed on the ground that the missing person had returned. It has been pointed out through counter affidavits filed by the respondents that a similar petition was filed in respect of Arshadanother son of the present petitioners and the said petition bearing No. 2258i of i998 (CA-7) was dismissed by this Court on 24-2-1999. Paragraph No. i2 of the counter affidavit of respondent No. 5 contains an averment that Mahfooz Alibrother of Kallan was arrested by the police in case under Sections 8/20 of N.D.P.S. Act. It has further been stated in the counter affidavit that the petitioners have concealed the material facts and incorrectly stated that the respondent No. 5 and others kidnapped Rashid minor son of Kallan and petitioner No. 2. It has been stressed that they are in the habit of filing writ petitions as indicated above.

(3.) The present petition was earlier dismissed ex parte on i9-3-i999 by a Bench comprising of Honble O.P. Jam and Honble S.K. Agarwal JJ. On recall application being moved, the dismissal order was recalled by the Bench comprising of Honble C. Gupta and Honble S.K. Agarwal, JJ and the petition was restored to its original number.