Court No. - 52
Case :- HABEAS CORPUS WRIT PETITION No. - 100 of 2019 Petitioner :- Jagroop Alias Jaggu Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Manoj Srivastava Counsel for Respondent :- G.A.
Hon'ble Rajul Bhargava,J.
Impleadment application is allowed. Learned counsel for the petitioner is permitted to implead corpus petitioner no. 2 during the course of the day.
Having heard learned counsel for the petitioner and learned AGA, I find that petitioner no. 1 claims himself to be maternal uncle of corpus petitioner no. 2, he has adopted him, however, in the entire petition there is not a single word that the petitioner no. 1 Jagroop has adopted corpus Himanshu aged about 16 years. Beside it, it appears that petitioner no. 1 has lodged F.I.R. regarding missing of corpus vide Crime no. 174 of 2017 in which none was named; thereafter, he filed Criminal Misc. Writ petition no. 28981 of 2017 that police is not investigating the case properly and also for recovery of the victim. In this behalf Division Bench of this Court had disposed of the writ petition with direction to S.S.P. Kanpur Nagar to supervise the investigation and ensure that the same is completed speedly without any undue delay.
Learned counsel states that despite specific direction to S.S.P., till date police has not taken any effective measure for investigating the matter and recovery of corpus.
Be that as it may, if the petitioner has any grouse in respect of non action of the police he may file writ petition if so advised. So far the present writ petition is concerned, in the entire petition there is nothing to indicate that the corpus petitioner no. 2 is illegal detention of respondent no. 4.
Accordingly, the writ petition has no force and the same is dismissed.
Order Date :- 25.2.2019 Dhirendra/