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2018 Supreme(Del) 3061

S.MURALIDHAR, VINOD GOEL
ALDANISH REIN – Appellant
Versus
STATE OF NCT OF DELHI – Respondent


Advocate Appeared:
For the Respondent:Mr Rahul Mehra, Mr Chaitanya Gosain, Mr Jamal Akhtar and Mr Tushar, Mr Sumer Sethi and Ms Dolly Sharma, Advocates

JUDGMENT :

S. Muralidhar, J.

1. The Petitioner, an Advocate, has filed this petition under Article 226 of the Constitution of India in public interest, highlighting a serious issue concerning the working of Sections 107 and 151 of the Code of Criminal Procedure, 1973 (‘CrPC’).

2. Although the prayers in the petition are in the context of a specific case, the petition itself raises larger issues. These have been encapsulated in an order dated 12th July, 2018 passed by this Court, which reads as under:

“1. Notice. Mr Rahul Mehra, learned Standing Counsel (Crl.) for the State accepts notice. Notice, without process fee, also be sent to the Secretary, Delhi State Legal Services Authority ('DSLSA') to assist the Court on the next date.

2. The Petitioner, who is a practising Advocate has filed this petition as writ of habeas corpus for directions to the Respondents to produce Narender, son of Ghananand confined in Central Jail No.8/9, Tihar Jail, New Delhi. It is averred in the petition that on 6th July, 2018 Narender was picked up from Swaroop Nagar, Delhi by one Rajiv Tyagi, an officer of Delhi Police attached to PS Swaroop Nagar and a DD No.23-A was recorded. It is further stated that he w





























































































































































































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