BIRDHI CHAND OJHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) By the application dated 15.8.96 it has been brought to the notice of this Court that one Mr. K.K. Singh has fired at Anita W/o Birdhi Chand and Narpat and when Narpat went to register the complaint in the Police, he has been detained by the Police, illegally. In reply it is stated that it is a matter of cross case. Narpat has filed a complaint under Sec. 307 Indian Penal Code against K.K. Singh and K.K. Singh has also lodged report against Narpat. Both the parties were arrested and even the chargesheet has been filed against K.K. Singh for the offence under Sections 307 and 504 Indian Penal Code. This fact has not been controverted by the counsel for the petitioner. In view of the this admitted fact it cannot be said that Narpat was in illegal custody of police. Rather a case was registered against him and he was detained in a case in FIR No. 313/1996, Police Station-Jhontwara in relevant point of time.

(2.) In view of the reply filed by learned Public Prosecutor, this misc. petition/Habeas Corpus Petition is dismissed.

(3.) The petitioner is warned that if in future he files false petition, he will be punished for the same.