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1993 Supreme(Guj) 221

K.G.SHAH, K.R.VYAS
OMPRAKASH SHYAMLAL MISHRA – Appellant
Versus
STATE – Respondent


Advocates Appeared: H.L.PATEL, VIJAY H.PATEL, Y.F.MEHTA

SHAH, J.

( 1 ) ). Om Prakash Shyamlal Mishra has, on 17/06/1993, preferred this petition for a writ of Habeas Corpus for the release of his brother Vedprakash Shyamlal Mishra. In the petition, the petitioner averred that his brother Vedprakash has been taken away by Police Inspector Mr. Parmar, respondent No. 2 herein at about 9-00 p. m. on 13/06/1993, from near a Pan Parlour situated near Satellite Tower in Satellite area in the City of Ahmedabad, and thereafter Vedprakash was brought to house of the petitioner at about 11-00 p. m. Then Vedprakash was taken away by respondent No. 2 According to the petitioner when he inquired from respondent No. 2 at his house about the reason why Vedprakash was wanted by him, respondent No. 2 did not give any answer. The petitioner tried to find out his brother Vedprakash at Satellite Police Station on the next day. However, Vedprakash was not available there. Therefore, at about 4-00 p. m. on 14/06/1993, Om Prakash sent a telegram to the commissioner of Police, Ahmedabad City stating that his brother Vedprakash has been taken away by respondent No. 2/06/1993, and since then the whereabouts of Vedprakash were not known. According to the petitioner



















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