CHANCHALA SWAIN Vs. STATE OF ORISSA

JUDGEMENT

(1.) IN this petition for a Writ of habeas corpus under Article 226 of the Constitution of India, 19.0 (in short,'the Constitution'), Chanchala Swain, wife of Rabinarayan Swain, has moved to secure release of her husband, who was allegedly taken to custody by police officials in connivance with others.

(2.) THE prayer for release of Rabinarayan has bean on the following background:

(3.) LEARNED counsel for the petitioner submitted that carelessness of the police officials is apparent and they have taken a frivolous piea that Rabinarayan slipped from their company, and in spite of ample time granted to them, there has been no production of Rabinarayan. Falsity of their plea about escape of Ribinarayan has been proved amply and unmistakably. Death of Rabinarayan has impliedly been accepted as police case been instituted on the basis of information given by the petitioner.