Court No. - 69
Case :- HABEAS CORPUS WRIT PETITION No. - 348 of 2021 Petitioner :- Gaurav Yadav And 2 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yadvendra Singh Counsel for Respondent :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State through video conferencing.
The present petition has been filed by petitioner no. 1 for production of petitioner nos. 2 and 3, who are alleged to be under illegal detention of opposite party no. 4, who is father of petitioner no. 2.
Sri Sajnay Sharma, learned AGA has pointed out that petitioner is having efficacious remedy under Section 97/98 Cr.P.C. It is next submitted that it is required on the part of petitioner to first avail remedy under Section 97/98 Cr.P.C. and thereafter, if required, he may file file Habeas Corpus Writ Petition.
Learned counsel for the petitioners could not dispute the aforesaid fact.
Considering the fact, this Writ Petition is disposed of with liberty to petitioners to approach District Magistrate, Auraiya by filing application under the provision of Section 97/98 Cr.P.C. and if any such application is filed, District Magistrate, Auraiya is directed to decide the application immediately under the provision of Section 97/98 Cr.P.C. within two weeks from the date of filing of application along with computer generated copy of this order after verifying the same from the official website of High Court, Allahabad.
However, if required, petitioner is permitted to approach this Court by filing Habeas Corpus Writ Petition after completion of proceeding under Section 97/98 Cr.P.C.
Order Date :- 27.5.2021 Arvind Digitally signed by Justice Neeraj Tiwari Date: 2021.05.28 10:49:34 IST Reason: Document Owner Location: High Court of Judicature at Allahabad