SAHABUDDIN Vs. STATE OF HARYANA AND ORS

JUDGEMENT

(1.) Sahabuddin has invoked the jurisdiction of this court by filing the instant Habeas Corpus Writ Petition under Article 226 of the Constitution of India alleging that the petitioner was present at his house on 12.7.2011. Respondent Nos.4 and 5 (Satpal Singh, Inspector & Satpal Singh, Sub-Inspector) along with some other police officials came at the house of the petitioner in civil dress and inquired about the petitioner's brother Sohrab who also came there in the meantime. Respondent Nos.4 and 5 immediately took away Sohrab who is in their illegal detention since then.

(2.) Reply on behalf of respondent Nos.1 to 3 filed today in Court, is taken on record subject to all just exceptions. Copy given to opposite counsel.

(3.) Averments made in the writ petition have been controverted in the reply. On the other hand, it has been alleged that FIR No. 243 dated 12.5.2011 under Section 420 and 406 read with Section 34 IPC was registered in Police Station Nuh against alleged detenue Sohrab, his son Akhtar, Sahidan and one unknown person. Akhtar was arrested on 13.5.2011 and some recovery was effected from him. Accused Sohrab was arrested by SI Sat Pal, respondent No.5 on 18.7.2011 in the aforesaid case from village Khedlamor vide arrest memo. Annexure R-2. He was produced in Court on 22.7.2011 and was sent to judicial custody. It is also alleged that anticipatory bail application of Sahid was dismissed on 17.6.2011 and anticipatory bail application of alleged detenue Sohrab was dismissed on 23.6.2011 by learned Additional Sessions Judge, Nuh and anticipatory bail application of Sahidan was dismissed on 19.7.2011.