AWADESH KUMAR Vs. SUPDT DISTT JAIL

JUDGEMENT

(1.) THE petitioner Dr. Awadhesh Kumar has Prayed: "wherefore, It is most respectfully prayed that the Hon'ble Court may kindly he pleased to issue a writ, order or direction in the nature of habeas corpus and the petitioner detenu may please be directed to he set at liberty forthwith with adequate and suitable compensation for the illegal detention. "

(2.) THERE were three annexures in the writ petition. First, the summon dated 28-7-1997 issued to a witness that is the petitioner by the Investigation Officer of the C. B. I. , Annexure-2 is the memo of arrest indicating the arrest of the petitioner and Annexure-3 is the applica tion moved by the petitioner before the Court of Special Judge, Anti-Corruption, Central U. P. , Lucknow where the petitioner was produced after arrest. By supplementary affidavit the petitioner has filed a copy of the order dated 7-11-1997 where under the application for bail on behalf of the applicant was rejected.

(3.) IT was vehemently argued by Shri Srivastava that the order by which the petitioner was summoned as witness should fore close the arrest of the petitioner as an accused. The argument misconceived. Any person who is sum moned as a witness and when materials exit prima facie indicating involvement as an accused, the arrest cannot be said to be without authority of law.