( 1 ) IN this petition under Art. 226 of the Constitution of India, the petitioner has sought for issue of a writ in the nature of Habeas Corpus to the respondents to set at liberty the person by name A. Shaik Ahmed, who according to the petitioner is illegally detained by the respondents. Alternatively, she has also prayed for such other order as deemed fit in the circumstances of the case may be passed.

( 2 ) THE facts necessary for the purpose of deciding the contentions raised on both sides are as follows;2. 1. On 7-10-1990 a complaint was lodged by one Sri M. G. Prakash Rao in the Rural Police Station, Davangere under the jurisdiction of Harihar Circle alleging that on 6/10/1990 a person by name Srinivas had been done to death by miscreants and the dead body of the said person was thrown behind Balaji Theatre, Davangere; that the said dead body was taken to the C. G. Hospital (Government Hospital, Davangere) in ambulance; that there were marks of injuries on the dead body of Srinivas. It was also further alleged that Srinivas appeared to have been done to death in the communal riot between Hindus and Muslims by some miscreants. 2. 2. A criminal case was registered on 7-10-1990

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