ANURAG KUMAR BARNWAL Vs. STATE OF U P

JUDGEMENT

(1.) THE present petition under Articles 226/227 of the Constitution of India has been filed by the petitioners seeking a relief for a writ of Mandamus commanding the respondents not to arrest the petitioners or to initiate the proceedings under Sections 82/83 of the Code of Criminal Procedure (hereinafter referred to as the Code) in connection with Crime No. 385 of 1985, P. S. Rohania, District Varanasi.

(2.) THE facts of the case lie in a narrow compass. One Sanjay Kumar Verma, a student of B. A. Part II of the Banaras Hindu University, was missing,since the night of 21/22nd December, 1985 and a report was lodged by his father Vijai Kumar Verma about his disappearance ton 22-12-1985 at P. S. Deshaswamedh, Varanasi. On the same day the village Chowkidar Kallu Ram also lodged a report (Annexure-A to the Petition) stating that a dead body of an unknown person was lying near the Katia of village Karsara Adalpura, Varanasi. Another report was lodged on 23-12-85 by the father of the deceased Sanjay Kumar Verma at P. S. Deshaswamedh, Varanasi (Annexure-B to the petition). In that report it was stated that his son Sanjay Kumar Verma was missing from the meating of the students held in the night of 21-12-85 and he was last seen with Pappu @ Sunil Dubey and one Ganesh Dubey. THE deceased had taken his tea at the tea shop of one Muunu and there he kept his cycle and thereafter disappeared with the aforesaid Pappu and Ganesh Dubey. It was prayed that legal proceedings may be initiated. On these reports the police started investigation and prepared an inquest report and sent the dead body for post-mortem examination. By that time the dead body could not be identified. A copy of the General Diary of 23-12-85 has been filed as Annexure-C to the petition.

(3.) THIS petition came up for admission before us. The Counter and rejoinder affidavits have been exchanged between parties.