KAMLESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner before this Court, who is Kamlesh S/o Husan, has filed this present petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus.

(2.) The petitioner's contention is that his father Husan S/o Ramsingh has been illegally detained by the State who is aged about 68 years. It has been further stated that the detainee is an illiterate tribal. He has been forcibly picked up from his house by the police, produced before the Magistrate and sent to Jail. The petitioner, who is again a tribal is an illiterate person and the moment his father was taken into custody by the police, rushed to the Police Station and he has informed that his father has been convicted in respect of an offence under Section 302 of the Indian Penal Code and has been sentenced in Sessions Trial No. 41/76 for life imprisonment and he has been sent to jail.

(3.) Learned Counsel for the petitioner has stated before this Court as well as averments were made on affidavit in the writ petition that in respect of Sessions Trial No. 41/76 one Husna S/o Ramsingh was a convict who was also known as Bada Husna. He was released on parole and later on died on 10.9.2016. It has been further stated that in place of Husna, father of the petitioner was arrested, produced before the Magistrate and sent to Jail. This Court, as it was alleged that an innocent tribal has been lodged in jail without there being any fault on his part, has issued notices and has directed the State Government to file a reply.