Court No. - 67
Case :- HABEAS CORPUS WRIT PETITION No. - 626 of 2019 Petitioner :- Ankit Patel And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Satish Chandra Shukla,Ved Prakash Pandey Counsel for Respondent :- G.A.
Hon'ble Rahul Chaturvedi,J.
Heard learned counsel for the petitioners, learned AGA for the State and perused the record.
This Habeas corpus petition has been filed by Basant Lal, father of petitioner no. 1 Ankit Patel.
The corpus Ankit Patel is present before the Court and he was carried by Manoj Kumar, S.I., P.S. Fatanpur, District Pratapgarh.
The Court has put a query to Manoj Kumar S.I. as to why he has put the corpus in the lock up? In reply to this Sri Manoj Kumar, stated that he has not apprehended the petitioner in lock up. The Court, thereafter, cross-examined the corpus Ankit Patel, the corpus. He submits that the police personnels put behind the bars.
The co-ordinate Bench of this Court which entertaining Ankit Kumar's (petitioner) CMWP No. 19830 of 2019, dispose off the same on 06.06.2019 protecting the interest of the duo (Ankit and Kusum Patel) and the order was well within the knowledge of the authorities. Despite of this order poor Ankit Patel was put behind the bar. This is simply mockery of this Court's order.
The Superintendent of Police Pratapgarh, is directed to hold a departmental inquiry under his own supervision, as to who is the person behind, this mischief and take suitable punitive action against that erring police official/personnel. This exercise must be completed by the S.P. concern within a fortnight positively. The S.P. Pratapgarh is also directed to apprise the Court by the action taken.
Since the petitioners Ankit Patel and Ms. Kusum Patel are major and married with each other, they are left free forthwith to choose their future according to their choice.
The SP Pratapgarh shall send his report to Registrar General, Allahabad High Court, who will inform this Court regarding compliance of the order.
Let the copy of this order may be given to learned AGA within 72 hours to be remitted to SP Pratapgarh, for compliance of the direction.
For this purpose alone the Court is posting this matter once again on 20.08.2019.
Order Date :- 26.7.2019 v.k.updh.