BABU LAL JAIN Vs. STATE OF U P

JUDGEMENT

(1.) SMT. Beena Jain has moved this petition for the issue of a writ of habeas corpus for the release of her husband Babu Lal Jain.

(2.) IT has been alleged in the petition that there was enmity between the petitioner Babu Lal Jain and the polios of Police station Aliganj on account of the release of a car belonging to Smt. Beena Jain which had been taken into custody by the police. The petitioner asserts that on account of that enmity the petitioner was being harassed as a result of which he left Lucknow and settled down at Delhi. Under the orders of the Court, the car was released. The petitioner asserts that the police of Aliganj was annoyed on account of the steps taken by Smt. Beena Jain and her husband for the release of the car, as a consequence of which the police personnel of police stations Aliganj, Mahanagar and Ghazipur arrested the petitioner at Delhi on 5-8-1986 and brought him to Lucknow. The petitioner's wife Smt. Beena Jain followed. She claims that she found her husband at police station Mahanagar where he was being tortured. She was not made aware of the crime in connection with which Babu Lal Jain had been arrested and detained. Accordingly an application for bail was moved on 6-8-1986 in the court of Chief Judicial Magistrate, Lucknow. The Chief Judicial Magistrate directed the bail application to come up on 7-8-1986 at 12 noon with the: report of the police. The report was not put up nor the petitioner was produced before the Chief Judicial Magistrate. The case was accordingly adjourned to 18-8-1986. On 7-8-1986 a telegram was despatched by Smt. Beena Jain tat 14.20 hours to the Senior Judge of this Court. This telegram was converted into Writ Petition No. 5307 of 1986. The telegram was put up before the Hon'ble Senior Judge on 7-8-1986 itself when he directed the telegram to be laid before the Bench dealing with habeas corpus petitions. Obviously the telegram had been received in this Court before the Court closed for the day, On 8-8-1986 a regular petition was filed which has been numbered as Writ Petition No. 5431 of 1986. Notice of this petition was given to the learned counsel for the State that very day and the petition was directed to come up on 11-8-1986. The learned counsel for the State was directed to obtain instructions as to why the petitioner was being detained. On 11- 1-1986 the petition was directed to come up on the next day i.e. on 12- 8-1986. On 12-8-1986 the learned Additional Government Advocate produced certain record before this Court: but no counter-affidavit was filed. From the records produced before a Bendh of this Court it appeared that the petitioner had been arrested under section 109 of the Code of Criminal Procedure and was produced before the Magistrate on 8-8-1986. In the counter-affidavit it has been stated that the petitioner was produced on 8-8-1986 before the Sub-Divisional Magistrate, Lucknow. The counsel for the petitioner persisted in submitting that the petitioner was actually arrested on 5-8-1986 and he was not produced before a Magistrate within 24 hours of the detention. From the order it appears that the learned counsel for the State was allowed time to file counter-affidavit. That counter-affidavit has been filed today although its copy bad been served upon the learned counsel for the petitioner on 18-8-1986. The petitioner has filed rejoinder-affidavit.

(3.) IN view of the above, petition is allowed. A writ in the nature of habeas corpus shall issue for the release of Babu Lal Jain who shall be set at liberty forthwith unless required in connection with some other case. The petitioner shall be entitled to his costs which are assessed at Rs. 300 00 (three hundered) only. Petition allowed.