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2021 Supreme(UK) 19

RAGHVENDRA SINGH CHAUHAN, ALOK KUMAR VERMA
Abhay Kumar – Appellant
Versus
State of Uttarakhand – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Devang Dobhal.
For the Respondents:Mr. J.S. Virk, learned Deputy Advocate

JUDGMENT:

Raghvendra Singh Chauhan, J.

The petitioner, Mr. Abhay Kumar, has filed this Habeas Corpus petition, ostensibly, on the ground that one Dr. Pratima Singh had lodged an FIR on 17.08.2020 against the petitioner, namely FIR No.0198 of 2020, for the offences under Sections 420, 467, 468, 471, 120-B and 506 IPC, with Police Station Raipur, District Dehradun.

2. However, on 28.04.2021, this Court had granted regular bail to the petitioner. By order dated 29.04.2021, the Ist Additional Chief Judicial Magistrate, Dehradun ordered the District Jail Superintendent, Dehradun, the respondent no.3, to release the petitioner. However, despite the said order, the petitioner was not released from the jail.

3. Moreover, a criminal case had been registered against the petitioner in 2018, namely Criminal Case No.2300 of 2018, for the offences under Sections 403, 419 IPC and for the offence under Section 138 of the Negotiable Instruments. The said criminal case was registered at Police Station Shivan, District Shivan, Bihar.

4. On 17.03.2021, the learned Judicial Magistrate (Ist Class), Shivan, had issued a production warrant to the police for the production of the petitioner before the said Cour

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