Hon'ble Vedpal,J.
Since these two Habeas Corpus petitions have been registered on the basis of telegrams raising the similar grievance, as such, they are being disposed of finally by this common order.
In these Habeas Corpus Writ Petitions, it has been alleged by the sender of the telegrams i.e. Sarfaraj Zama Ansari that his younger brother Arif has been picked by the police on 07.06.2010 and since then his whereabouts are not known. It is apprhended that Arif might be involved in some grave offence.
Counter affidavit of Sri Rajeev Krishna, DIG/SSP., Lucknow has been filed denying the allegations made in the telegram and in reply thereto it has been stated in paragraph-6 of the counter affidavit that said Arif was called at police Station Thakurganj on 07.06.2010 with respect to inquiry regarding case crime no. 289 of 2010 under Section 380 IPC of Police Station Thakurganj, district Lucknow and on the same day he was allowed to go back after making due entry in Rapat no. 17 of 12.05 pm of the same day. It is stated that Arif is neither wanted in any case from police station Thakurganj nor he has been arrested and on inquiry being made it was found that he is residingly freely at his residence.
However, in paragraph- 8 of the counter affidavit it is further alleged that said Arif is a notorious criminal of the locality and against him cases relating to case crime no. 397 of 2003 under Section 399, 402 & 307 IPC of Police Station Hasanganj and case crime No 399 of 2003 under Section 3/25 Arms Act of Police Station Hasanganj have been registered.
In view of what has been said in the uncontroverted counter affidavit, the writ petition is misconceived and is accordingly dismissed.
Order Date :- 22.6.2010 anb