Court No. - 65
Case :- HABEAS CORPUS WRIT PETITION No. - 1207 of 2019 Petitioner :- Kavita And 2 Others Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Shiv Prasad Counsel for Respondent :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Shiv Prasad, learned counsel for the petitioners and Sri Sanjay Singh, learned A.G.A. -I, for the State.
The present Habeas Corpus Petition has been preferred with a prayer for direction in the nature of mandamus directing the respondent no. 2, 3 to direct the respondent no. 4 to produce the Corpus/detainue from the illegal custody/detention/possession of respondent no. 5 before this Hon'ble Court forthwith.
Learned A.G.A. has already accepted notice on behalf of respondent nos.1, 2, 3 and 4.
It is contended by learned counsel for the petitioner that respondent no. 5 is owner of Brick Kiln situated at Kastala, Police Station Inchauli, District- Meerut has detained the corpus/detainue and kept them in his illegal custody/possession and is taking labour work illegally without paying any salary to the detainue/corpus from three months. It is next contended that in this regard petitioner has moved an application on 21.11.2019 before the respondent no.3 praying for the release of the detainue/corpus from the illegal possession of respondent no.5, but no steps have been taken as yet for release of the detainue/corpus.
Learned A.G.A. has already accepted notice on behalf of respondent nos.1, 2.
Taking note of the submissions of the learned counsel for the parties, there is no useful purpose to keep this petition pending. Therefore, it is provided that the Superintendent of Police, Meerut, shall decide the application of the petitioner dated 21.11.2019, and if the contentions of the petitioners are found to be correct, then action should be taken against the respondent no.5, to secure the release of the detainue/corpus, from the illegal captivity, expeditiously without unreasonable delay, within a period of one month from the date of filing of a certified copy of this order in accordance with law.
With the aforesaid observations, this petition is finally disposed off.
Let a copy of this order be given to the learned A.G.A. to ensure the compliance of this order.
Order Date :- 19.12.2019 ssm