Judgment:
Umer Singh versus State of M.P.& ORS.Writ Petition No.13377 / 2013 3.1.2014: Shri Sharad Verma, learned counsel for the petitioner.
Shri Vivek Agrawal, learned Government Advocate for the State.
This is a habeas corpus petition filed by the petitioner Shri Umer Singh.
Interalia contending that his son namely Krishna Kumar is under illegal detention with the police authorities.
Notice was issued to the police authorities through the office of Advocate General and they were directed to produce the corpus and matter was directed to be listed for further orders on 2.1.2014.
The case was listed on 2.1.2014, however, it seems that the corpus was produced in the court around 3'clock and Bench for hearing the matter was only available upto 1.30 pm.
That being so the case could not be heard yesterday.
As corpus is produced by the police authority, a request was made by Shri Vivek Agrawal, learned counsel for taking up the matter today i.e.on 3.1.2014.
Accordingly case was directed to be listed today at 1.00 pm.
Today the corpus was present along with the official of Police Station Chhapara, District Seoni.
The petitioner, father of corpus is also present.
This court has taken note of the statements of Shri Umer Singh and his son present in the court 2 and from their statement it is seen that due to some action of Shri Krishna Kumar in the matter of getting involved with a lady/girl of the village respondent nos.5 & 6 have committed certain acts which prima facie seems to be amounting to criminal offence against Shri Krinsha Kumar.
However, from the statement of both the petitioner and his son Krishna Kumar it is clear that neither the father nor the son is in illegal detention by the police authorities, their complaint seems to be with regard to illegal activities of Ramesh and Mahesh in the matter of harassing them and treating them in a manner not permissible under law.
That being so, the complaint is against the persons who are said to have been creating problems for the petitioner and his son and committing offence which is not permissible under law.
For the present, in this habeas corpus petition with regard to illegal detention of Krishna Kumar no further indulgence can be made by this Court as the statement of father and his son clearly goes to show that Krishna Kumar is not in illegal detention by the police authorities.
However as the police authorities are present today they are directed to ensure that the complaint of the petitioner and his son with regard to illegal activities being undertaken against them be registered and investigated and the persons, if any, guilty of committing any offence brought to book, they shall be proceeded against as per law.
The police authorities of Seoni 3 shall look into the matter and ensure that petitioner shall not be dealt with in any manner which is not permissible under law.
Against the person concerned action should have been taken as per law.
The Superintendent of Police Seoni is directed to look into the matter and ensure that proper protection is given to the petitioner and his son and the persons responsible for having committed any offence is prosecuted with in accordance to law.
That apart, if required, proper police protection and assistance shall be granted to the petitioner and his son in the matter of protecting them and their property.
With the aforesaid the petition stands disposed of.
Certified copy as per rules.
(Rajendra Menon) Judge ss/-