AFR

Reserved

Court No. - 45

Case :- HABEAS CORPUS WRIT PETITION No. - 221 of 2023

Petitioner :- Ahzam Ahmad (Minor) And Another

Respondent :- State Of U.P. And 5 Others

Counsel for Petitioner :- Abhishek Kumar Mishra,Khan Saulat

Hanif,Ravindra Sharma,Shadab Ali,Sr. Advocate,Vijay Mishra

Counsel for Respondent :- G.A.

Hon'ble Vivek Kumar Birla,J.

Hon'ble Surendra Singh-I,J.

(Delivered by Hon’ble Vivek Kumar Birla, J.)

1.

Heard Sri D.S. Mishra, learned Senior Counsel assisted by

S/Sri Ravindra Sharma, Shadab Ali and Abhishek Kumar Mishra,

learned counsel for the petitioners and Sri Manish Goyal, learned

Additional Advocate General assisted by Sri A.K. Sand, learned

A.G.A. appearing for the State respondents.

2.

Present petition has been filed with the following prayers:-

“(i) Issue a writ, order or direction in the nature of writ of Habeas Corpus

commanding and directing the respondents to produce the corpus before this

Hon’ble Court and set them at liberty forthwith.

(ii) Issue a writ, order or direction in the nature of writ of Habeas Corpus

commanding and directing the respondents may also be directed to satisfy

this Hon’ble Court for the illegal detention of the petitioners.”

3.

The petition has been filed by minor sons (corpus) of Ateek

Ahmad, Ex. MP under the guardianship of their natural guardian

and real mother Shaishta Parveen. It is claimed that the petitioner

no. 1-Ahzam Ahmad and the petitioner no. 2-Aaban Ahmad are

student of Class-XII and Class-IX respectively and at present both

the petitioners are minor. It has been disclosed in the petition that

2

father of the petitioners, namely, Ateek Ahmad is in jail since 2017

and real uncle of the petitioners, namely, Khalid Azeem @ Ashraf is

also in district jail Bareilly since 2020. The minor sons (corpus) are

living with their mother. It is alleged that on 24.2.2023 at about

06:00 P.M. police of Police Station Khuldabad, Dhoomanganj and

Puramufti came to the house of the petitioners without lady police

and forcibly and illegally entered in the house of the petitioners by

breaking the doors arrested the petitioners without showing any

summon, warrant or any other document and police personnels

also misbehaved with the petitioners as well as with their mother.

The allegation is that the police personnels of Police Station

Dhoomanganj, Puramufti and Khuldabad forcibly arrested the

petitioners and have taken them in their illegal custody without

disclosing any reason for their arrest and that the petitioners are

innocent and are not wanted in any criminal case. The allegation is

that the police authorities have illegally detained the petitioners

without any authority since 24.2.2023. It is also alleged that the

petitioners are in detention till today i.e. 3.3.2023 (till the date of

filing of the present petition). It is alleged that the petitioners are

being kept in some undisclosed location by the police and are

being mentally and physically tortured without any authority of law

or any other reason and thus, the petitioners are being deprived of

their personal life and liberty provided under Article 21 of the

Constitution of India, which clearly provides that the same cannot

be affected except in accordance with the procedure established by

law.

4.

Fact regarding lodging of the first information report dated

25.2.2023 being Case Crime No. 0114 of 2023, under Sections

147, 148, 149, 302, 307, 506, 34 and 120-B IPC, Section 3 of

Explosive Act and Section 7 of Criminal Law Amendment Act,

Police Station Dhoomanganj, District Prayagraj regarding incident

3

of murder of one Umesh Pal, who was eye witness in the murder

case of Raju Pal, wherein father of the petitioners Ateek Ahmad

and real uncle Khalid Azeem @ Ashraf are main accused has also

been disclosed with a categorical statement that the petitioners

are not accused in the aforesaid crime and copy of the first

information report has been annexed as Annexure-1 to the