Hon'ble Vedpal,J.
This petition has been registered on the basis of the telegram sent by Akhilesh Pal alleging therein that his brother Rajesh Pal has been lifted by the police personnel in Police dress from his residence falling within police station Ashiyana, District Lucknow without any rhyme and reason.
Counter affidavit on behalf of the State has been filed by Shri Prem Prakash, Senior Superintendent of Police/D.I.G, Kanpur, denying the allegations of the telegram and in reply thereto, it has been stated that Rajesh Pal was called at the Police Station on 30.6.2010 for the purpose of interrogation with respect to the Case Crime No.169 of 2010 under Section 454/380 I.P.C. of Police Station Kidwai Nagar, District Kanpur and even his statement was recorded on 3.6.2010. Thereafter, on the same day, he was allowed to go from the police station Kidwai Nagar. Due entry find place in report No.48 recorded at 6.30 p.m. It has further been alleged that Rajesh Pal was never arrested and at present he is residing at his own house.
Due to what has been stated in the uncontroverted counter affidavit filed by the State, this Habeas Corpus petition is misconceived and is accordingly dismissed.
Order Date :- 24.6.2010 Tripathi