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1995 Supreme(All) 96

G.P.MATHUR, KUNDAN SINGH
VIMAL KUMAR SHARMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
SUNIL A.KULKARNI

G. P. MATHUR, J.

( 1 ) IDENTICAL question of law have been raised in the two Habeas Corpus Petitions and, therefore, they are being decided by a common order.

( 2 ) HABEAS Corpus Petition No. 29312 of 1994 has been filed by Vimal Kumar Sharma who was arrested on 1-7-94 in case Crime No. 187 of 1994 under Section 302, I. P. C. , of P. S. Nazirabad, District Kanpur Nagar for having committed the murder of Puttan Shukla. It is averred that at the time of arrest, full particulars of the offence for which he was arrested were not communicated to him, and therefore, there has been violation of Section 50 (1) of Cr. P. C. as well as Article 22 (1) of the Constitution. The petitioner claims that he has been deprived of his personal liberty in violation of law which has infringed the constitutional guarantee enshrined under Article 21 of the Constitution and, therefore, his continued detention is illegal and he is entitled to be set at liberty. Rule nisi was issued by this Court and a counter-affidavit has been Bled by Senior Sub-Inspector of PS Nazirabad. He has stated that he arrested the petitioner on 1-7-94 and at the time of his arrest he was informed of the grounds of arrest as requir


















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