JUDGMENT

R.S. Pathak, C.J.I. - A telegram was received by this Court from the petitioner, Mohan Lal Sharma stating that his son Sanjay, aged 17 years/was arrested by the Agra Police on 10 October; 1986 at 9 OClock in the morning and that telegraphic information had, been sent by him to the Senior Superintendent of Police and the District Magistrate, Agra at 6 O Clock in the evening on the same day but this had led to no action. He stated further that the Police did not produce Sanjay before any Magistrate on at 11 October 1986. He alleged that San jay was murdered by the Police in the Police lock-up and that the lock-up was washed by the Police resulting in the disappearance of material evidence. The case was registered as a writ Petition in this Court and notice was issued to the State of Uttar Pradesh.

2. A counter affidavit on behalf of the State was filed by H.K. Shukla, Sub Inspector, Police Station Madanmohan Gate, Agra. The counter affidavit alleged that Chhote (another name for Sanary) was wanted by the Police in connection with two criminal cases, that he had been absconding since the registration of the cases and proceedings under section 83 of the Code of Criminal Proc