MADHAV DAS AGRAWAL Vs. STATE OF U P

JUDGEMENT

(1.) VINOD Prasad, J. Madhav Das Agarwal has filed this Habeas Corpus Petition in this Court with the prayer that a writ of habeas corpus be issued commanding respondents No. 4 to 8 to appear and produce detenu petitioner No. 2 Sandeep Garg, his son aged about 27 years and this Court should set the detenu free. Further relief which is sought in this writ petition is that the respondent Nos. 1 to 3 be directed to recover the detenu from the illegal detention of rest of the respondents or their associates, whosoever they may be.

(2.) THE short narration of facts are that Sandeep Garg, the detenu, Petitioner No. 2,son of petitioner No. 1 Madhav Das Agarwal, left his house on 26-9-2006 at about 10 a. m. with a cheque of Rs. 10 lacs. He tried to get that cheque encashed at Canara Bank, Holi Gali Mathura but as the bank did not had sufficient funds with it the said cheque could not be encashed by it. In lien Canara Bank took the cheque and issued a banker's cheque drawn on SBI, Main Branch, Mathura to the detenue. Meanwhile it seems that the manager of Canara Bank telephoned to the house of Sandeep Garg regarding issuing of Banker's Cheque. On the telephone the family members some how sensed the kidnapping of Sandeep Garg and so they called on SB Main Branch and requested them to stop payment of the Banker's Cheque. Sandeep Garg did not return back and the petitioner No. 1 started receiving threats on phone from unknown sources for stopping payment of cheque and a ransom of Rs. 20 lacs was also demanded from him. Petitioner No. 1 gave a written report at the police station Kotwali by hand and also sent a telegramme (Annexure No. 1) to the police station on 27-9-2006. Police however did nothing in the matter but petitioner No. 1 on his own came to know that respondents No. 4 and 5 are involved in the conspiracy in sending the detenu with Km. Shalini, sister-in-law of respondent No. 5 to an unknown place and are detaining him illegally under pressure of drugs etc.

(3.) ON such facts since the police is taking the matter lightly being a love affair case that the petitioner No. 1 has filed this habeas corpus petition.