SUGHAR SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Petitioner has filed this Habeas Corpus petition under Article 226 of the Constitution of India. It has been contended in the petition that on 5.5.2006 petitioner had gone with Forest Guard Shri Shrivastava to collect the papers from Laghu Van Upaj Office, but in the way near place Buddhubai some police person stopped them and took away the petitioner with them. When the petitioner did not return the home till 7.5.2006, the family members of the petitioner went to the police station of Gopalpur and Subhashpura to see the petitioner but could not know his whereabouts. Thereafter father of the petitioner Kamarlal complained to Collector Shivpuri on 9.5.2006. It was alleged that the petitioner is in custody of the police w.e.f. 5.5.2006 and the detention of the petitioner is illegal.

(2.) State has filed reply and denied the allegation. It is contended that Sughar Singh is not in custody of the police. He is absconding and vide order dt. 5.6.2006 S.P. Sheopur has declared reward of Rs. 5,000/- on him. It is further contended that he is related with the 'Gadariya gang' of dacoits. Earlier a criminal case at Crime No. 21/05 was registered against him under Sections 212, 216 IPC read with Sections 11 and 13 of M.P.D.V.P.K. Act at Police Station Gopalpur, in which he has been acquitted. The another crime No.25/06 has been registered against him at P.S. Karahal District (heopur under Sections 395, 364, 365, 3107, 436 IPC read with Sections 25 and 27 of Arms Act and Sections 11 and 13 of M.P.D.V.P.K. Act. It is contended that this case was registered in the month of March and in which eight persons were abducted by the 'Gadariya gang' of dacoits. The abductees were released and their statements were recorded on 8.5.2006 and 16.5.2006 and all the eight abductees have stated against him that he was also involved in the abduction of the eight persons. This was a serious matter of abduction of eight persons by a gang of dacoits.

(3.) In the rejoinder filed on behalf of the petitioner today he has stated that the petitioner is in illegal detention of the police but no proof has been produced am record that how the petitioner is in Illegal custody of the respondents. The police has also recorded the statement of Forest Guard Brajendra Shrivastava and in his statement he has stated that though Sughar Singh was with him but in the way after seeing the police vehicle stopped the motorcycle, jumped and thereafter ran away towards the forest. He has also stated that the family members of Sughar Singh had enquired from him about the whereabouts of Sughar Singh but he has intimated to them that he does not know his whereabouts.