KANHAIYA LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition in the nature of habeas corpus has been filed by the petitioner with the allegations that an FIR No.192/2023 came to be registered inter alia against his son at 20:07 hours with allegations of offences punishable under Ss. 452, 323, 307 and 34 IPC. Allegations were made that based on the said FIR, the respondent no.3 came to the hospital where the petitioner's was admitted and arrested and shifted him to prisoners' ward, where he was handcuffed.

(2.) Further submissions were made that without any further action as envisaged under Sec. 57 of the Cr.P.C., petitioner's son has been detained in the hospital and has been handcuffed. The family members are not being permitted to meet him and, therefore, as the detention of the petitioner's son is in violation of mandate of Article 22(2) of the Constitution of India and the handcuffing is contrary to the judgments of Hon'ble Supreme Court inter alia in Prem Shanker Shukala v. Delhi Administration: (1980) 3 SCC 526, therefore, the respondents be directed to produce the corpus before the Court from the illegal detention and be ordered to be set free.

(3.) By order dtd. 17/5/2023, copy of the petition was supplied to learned AAG, who was directed to complete his instructions in the matter / file factual report and the matter was fixed for 23/5/2023.