JUDGMENT AND ORDER :

I.A. Ansari, J.

The present writ petition is filed under Article 226 of the Constitution of India, seeking a writ of habeas corpus. It is the case of the petitioner that his detention in judicial custody is illegal for being in contravention of Section 309(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code").

2. The facts relevant to the present proceedings may be briefly summarised as follows;

BACKGROUND FACTS:

(i) An information, in writing, was given by one Mahabir Yadav to the Officer-in-Charge, Fatehpur Police Station, that on 10.01.2014, he received a telephonic message with regard to the death of his daughter, namely, Munni Devi, and, on receiving the said information, when he reached the village of his daughter's husband, enquired about the incident from the villagers, he came to know that his daughter had been done to death and, later on, cremated. It is further alleged by the informant that the in-laws of his daughter had demanded a motorcycle and a gold chain, which he promised to fulfil by selling rice and wheat.

(ii) Based on the above information and treating the same as First Information Report (in short, "F.I.R.") Fatehpu

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