NARAYAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) IN this Habeas Corpus petition the petitioner has levelled allegations against the police officials of Police Station Shiv Daspura (Jaipur District) that they illegally detained Ramji Lal (son of the petitioner) and torturedhim. As per the facts averred in the petition, one Kumari Kamoj had been kidnapped on March 29, 2003 by Prabhu Dayal and Smt. Suman Saini, who were named as accused in the FIR No. 86/2003 lodged at Police Station Shiv Daspura.

(2.) IT appears that after Ramjilal was detained the petitioner sent a telegram to the Chief Judicial Magistrate, District Jaipur seeking inquiry of illegal detention and torture of Ramji Lal by Police Station Shiv Daspura, but no heed was paid to it. Thereafter the petitioner has filed instant Habeas Corpus Petition.

(3.) IT has shocked our judicial conscience that in a case under section 379 IPC, which is triable by First Class Magistrate and in which final report was submitted the bail application of Ramji Lal has been dismissed and he has been sent to judicial custody. We are satisfied that this case requires deep prob by an independent investigating agency.