RAM YASH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Ram Suresh Ray, learned counsel for the petitioner and J.C. to learned G.P. 1 for the State and considered the counter affidavit filed on behalf of the State and rejoinder thereto.

(2.) By this application under Articles 226 and 227 of the Constitution, the petitioner has prayed for issuance of a direction upon the respondents to recover/disclose the whereabout of his son Alok Sharma who was arrested by Patna District Police in association with Bhadrak (Orissa) Police on 3.4.2007 from the house of the petitioner.

(3.) Learned counsel for the petitioner submitted that the son of the petitioner was arrested by Patna Police in association with Bhadrak (Orissa) Police on 3.4.2007 but he was neither produced in court in Patna nor before the Magistrate in Orissa in connection with Bhadrak case. It is further submitted that this fact would be manifest from the media reports that his son was arrested and was taken to some unknown place by the police. Learned counsel, in this view of the matter, tried to impress upon the court that the arrest of the son of the petitioner is wholly without jurisdiction as till date he has not been produced before the court either at Patna or Bhadarak (Orissa) and thus it appears to be a case of fake encounter.