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1992 Supreme(All) 26

K.L.SHARMA
RAM CHANDRA SRIVASTAVA – Appellant
Versus
SENIOR SUPERINTENDENT OF POLICE LUCKNOW – Respondent


K. L. SHARMA, J.

This is a writ petition under Article 226 of the Constitution of India for the issue of a writ or direction in the nature of habeas corpus and for quashing the petitioners illegal detention and to set him at liberty.

2. Learned counsel for the petitioner has mainly contended that the petitioner was illegally arrested and detained without complying with the mandatory provisions of Section 50 (1) of the Code of Criminal Procedure, 1973 and against the provisions of Article 22 (I) of the Constitution of India. This petition has been supported by an affidavit of petitioners wife Smt. Maya Srivastava wherein she had stated that at about 7. 00 p. m. on 7-10-1991 the petitioner was illegally taken from his house to the Police Station Wazirganj without disclosing any reason or ground for arrest.

3. The writ petition has been contested by the Govt. Advocate (Public Prosecutor for the State) who also filed counter affidavit of Sri S. R. Singh, Inspector Incharge Police Station, Wazirganj, Lucknow. Mr. S. R. Singh arresting officer has in paragraph 6 of his short counter affidavit, dated 24-10-1991 stated as follows:

"6. That the deponent duly informed the reasons to Ram Chand
















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