Honble SHARMA, J. — Though the petitioners son Rajesh Singh is no longer in police custody and, therefore, there is no ground to allow this Habeas Corpus petition, but certain facts and working of the police have come to our notice which we want to observe here in this order with certain directions.

(2). Rajesh Singh, son of the petitioner, is a suspended gun-man commando in the Rajasthan Police. He was arrested in FIR No. 399/92 u/s. 302 IPC and though it is the case of the petitioner that his son before his arrest was actually shown, was illegally detained, but we need not go into this question and we may straight away say that on the application being moved for bail, this court in S.B. Criminal Misc. Bail Application No. 2112 of 1993 ordered the release of Rajesh Singh on bail. After the bail bonds have been furnished, he was released on bail on 21st May 1993 at 4.00 p.m. from District Jail, Kota.

(3). The case of the petitioner is that no sooner his son was released on bail as aforesaid, police personnels of Police Station Nayapura, Kota again illegally arrested Rajesh Singh and he was taken to Police Station Nayapura, Kota. The names of the police personnels of the Police Station Nayapura Kota who are said to have taken Rajesh Singh, have not been disclosed. According to the petitioner on 22.5.1993 when the counsel for Rajesh Singh moved an application before the concerned Magistrate at Kota, Rajesh Singh was illegally transferred to Police Station Dadabari, Kola and the petitioner and his wife are said to have seen Rajesh Singh on 21.5.1993 at Police Station Nayapura and on 22.5.1993 at police station Dadabari, Kota. This petition was filed in this court on 28.5.1993 on the ground that till that date, he was not knowing the whereabouts of Rajesh Singh.

(4). In the reply filed on behalf of the respondents, it has been stated that he was co-accused in a case and one of them was Vivek Pal Singh. Vivek Pal Singh was in District Jail, Ajmer in some other case and police had gone to Ajmer to bring him to Kota and it was thought proper for investigation to confront Rajesh Singh with Vivek Pal Singh and, therefore, the petitioner was sent for, but because Vivek Pal Singh could not come on 21.5.1993, he was allowed to go and was instructed to come back on 22.5.1993. He again is said to have come on 22.5.1993 at 8.25 a.m., but because Vivek Pal Singh had not come by then, he was again said to have been allowed to go and was instructed to come on the next day. Again, on 23.5.1993 he is said to have come at 6.10 p.m. and he was made face to face with Vivek Pal Singh and is said to have been allowed to go back. He again comes to the Police Station on 24.5.1993 at 10.00 p.m. and again is said to have been made face to face, with Vivek Pal Singh. Then on 28.5.1993, Rajesh Singh was arrested u/s.110 of the Code of Criminal Procedure.

(5). After having heard learned counsel for the petitioner and the learned Government Advocate and having gone through the general diary, we are of the opinion that the entries in the general diary do not prima facie appear to be made correctly and the matter needs enquiry. The reasons are as under:

(6). Vide Rapat No.l078, 9.30 p.m. dated 20.5.1993, Mohan Lal S.I. along with two police constables left the police station for Ajmer to bring Vivek Pal Singh in FIR No. 161/1992 u/S. 302 IPC. In anticipation of coming of Vivek Pal Singh on 21.5.93 the accused who as said above had been released on bail on 21.5.1993 is said to have been sent for, was called to the police station. It will be see from the perusal of the entry No. 1152 of 21.5.93 that Rajesh Singh was called to the police station. But because Vivek Pal Singh had not come by them, he is said to have been allowed to go and to come back on the next day. On being asked the learned Government Advocate could not show any entry in the general diary on 21.5.93 by which any of the police personnel is deputed or sent to call Rajesh Singh who as said above was rel

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