TARA BAI Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner, being the mother of one Rajendra Pasi, has knocked the door of this Court by filing a writ petition in the nature of habeas-corpus under Articles 226/227 of the Constitution of India.

(2.) In the writ petition it has been pleaded by the petitioner that Rajendra Pasi is her son who was illegally arrested by the police officers of the Police Station House, Ranjhi on 1-11-2003 along with his two brothers namely Surendra Pasi and Santosh Pasi. Accordingly to the petitioner, said Rajendra (Contd. on 2nd Col) Pasi was arrested in the following cases : <FRM>p95.htm</FRM> It is said on behalf of the petitioner that though all the three sons of the petitioner were arrested and applications for bail were submitted on their behalf, however except Rajendra Pasi. her other two sons namely Surendra Pasi and Santosh Pasi were produced before the Judicial Magistrate Class-I, Jabalpur and, accordingly, they were enlarged on bail by the said Magistrate on 3-11-2003. It has been put-forth by the petitioner that though Rajendra Pasi was arrested, but he was not produced before the Magistrate. A notice dated 2-11-2003 was issued by respondent No. 4 namely Laxmi Tiwari serving on the post of A. S. I. of Police Station Ranjhi to one Deepak Chandna, S/o Jeevan Lai Chandna that Santosh Pasi and Rejendra Pasi have been arrested in the case, the details whereof we have already mentioned hereinabove. The said notice has been placed on record as Annexure-P/2. Deepak Chandna to whom notice Annexure-P/2 was issued, has also sworn on affidavit that on 2-11-2003 when he went to serve the food to Rajendra Pasi and Santosh Pasi in the police station house, Ranjhi, at that time said notice (Annexure-P/2) was given by respondent No. 4 Shri Laxmi Tiwari, A.S.I.

(3.) The contention of Shri Vasant Daniel, learne'd counsel for the petitioner, is that since the date of arrest of Rajendra Past he was not found and traceable, he was also not produced before the Court. According to the learned counsel, there is apprehension to the petitioner that her son Rajendra Pasi has been subjected to custodial death or her son Rajendra Pasi be produced in the Court and may be released from illegal detention.