Hon'ble Vedpal,J.
This habeas corpus petition has been registered on the basis of a telegram sent by one Nitin Srivastava, alleging therein that his brother Gautam Srivastava has been lifted by the Police of Police Station Hussain Ganj district Lucknow without any rhyme or reason between the night of 9th and 10th June, 2010 and he apprehends that he might be implicated in some criminal case.
Counter affidavit on behalf of the State has been filed by Sri Rajiv Krishna Deputy Inspector General/ Senior Superintendent of Police, Lucknow, denying the allegations of the telegram and in reply it has been stated that Gautam Srivastava was called at the Police Station with respect to an enquiry being conducted in Case Crime No. 138 of 2010 under Section 394 I.P.C. on 10.6.2010 and on the same day he was allowed to go after making entry in report no. 19 at 12.45 a.m. of said date. It has further been averred that said Gautam Srivastava at no point of time was ever arrested nor he is wanted in any case by the Police of Police Station Hussain Ganj.
Due to what has been stated in the uncontroversial counter affidavit filed by the State, this habeas corpus petition is misconceived and is accordingly dismissed.
Order Date :- 21.6.2010 Tripathi