JUDGMENT :

Hon'ble Shamim Ahmed, J.

1. Heard Shri Jyotindra Mishra, learned Senior Advocate, assisted by Shri Sushil Kumar Singh, learned counsel for the petitioner and Shri Shiv Nath Tilhari, learned Additional Government Advocate.

2. This habeas corpus petition has been filed seeking the following reliefs:

(i) issue a writ, order or direction in the nature of ‘Habeas Corpus’ declaring the petitioner’s arrest/ detention bad in law, consequently a writ of Habeas Corpus be issued and the petitioner be set at liberty forthwith.

(ii) issue any other suitable order or direction which this Hon’ble Court may deem fit, just and proper under the circumstances of the case may also be passed in favour of the petitioner.

(iii) allow the petition of petitioner with cost.

3. Learned counsel for the petitioner submits that the petitioner is challenging his arrest and detention by the respondents on 09.12.2021 at about 05.00 hours, which was made unlawfully without following the provisions of Section 41-A of the Criminal Procedure Code by issuing and giving a notice under the said provision.

4. It has been submitted on behalf of the petitioner that he is a practicing advocate at Civil Court as we