HAJI MD. RAMZAN Vs. GHAMAPUR POLICE

JUDGEMENT

(1.) THIS is a petition for issuing directions of the nature of habeas corpus under Section 491 of the Criminal Procedure Code, alleging that the petitioner's nephew Mohd. Yusuf and another person, Bahar Shah were put under wrongful restraint by the respondent. The petition was filed on 29 -12 -1959.

(2.) THE respondent, in his return, alleges that the detenues are suspected of complicity in connection with the mysterious disappearance of the four women of the locality. Therefore, Mohd. Yusuf and Bahar Shah were sent for the purpose of interrogation. The respondent denies that the said persons have been put under wrongful restraint or that they have been under detention at any time.

(3.) IN a similar case, where the detenue was put under detention by the military authorites, who released him on bail with a further direction that he shall be tried by the ordinary Criminal Court, the Calcutta High Court held in Amarendra Chandra Chakravorty vs. Garrison Engineer and others A.I.R. 1945 Cal 340, that the petition had become infructuous. Similarly, in Homi Rustomji Pardivala vs. Sub -Inspector Baig and others A.I.R. 1944 Lah 196, a Special Bench of the Lahore High Court held that the Court could not go into the merits of the arrest and detention under Section 491 of the Criminal Procedure Code after the detenue was released from custody. We are in agreement with the observations of the learned Judges of the said High Courts in concluding that it is not for the High Court to go into the merits of the alleged wrongful restraint or detention after the detenue is released.