RAVINDRA SINGH, ANIL KUMAR AGARWAL, J. - (1.) HEARD Sri Suresh Chandra Shukla, learned Counsel for the petitioner and learned A.G.A.for the State of U.P.
(2.) THIS Habeas Corpus petition has been filed on behalf of Harendra Kumar by her wife Smt. Vimla Devi with a prayer that : (i) issue a writ, order in the nature of Habeas Corpus directing the opposite parties to release the petitioner/detenu from their illegal custody. (ii) issue a writ, order or direction in any nature which this Hon'ble Court may deem fit and proper under the circumstances of the case. (iii) award cost of the writ petition in favour of the petitioner. The facts, in brief, of this case are that Corpus Harendra Kumar is Sub Inspector of U.P. Police, according to the prosecution version he was named in FIR dated 19.8.2001 lodged by Manoj Dubey at Police Station Civil Lines, Allahabad at 12.30 P.M. in respect of the incident allegedly occurred on 18.8.2001 in which Harendra Kumar Singh, Officer-in-Charge of Police Station Manila Thana and some other persons were made accused, the FIR was lodged under sections 147, 148, 149, 302, 342 & 504 I.P.C. in which the investigation was completed by the I.O. of C.B.C.I.D. Sector, Allahabad and charge sheet dated 17.4.2003 was submitted against Sub Inspetor Smt. Vijay Laxmi and Sub Inspector Harendra Kumar Singh. The S.I. Smt. Vijay Laxmi was apprehended and was tried by the Trial Court and has been convicted but the corpus Harendra Kumar Singh did not surrender or arrested before the Court and he was not arrested by the police also. During the pendency of trial, co-accused Smt. Vijay Laxmi, S.I. Harendra Kumar Singh son of Ramdhani was posted in district Allahabad from 8.2.2000 to 14.9.2000, thereafter, he was transferred to district Siddharth Nagar, his date of birth is 15.9.1961, his date of recruitment was 17.9.1990 his permanent address was Harendra Kumar Singh r/o village Go-baraiya, P.S. Gagha, district Gorakhpur, when he was posted in district Siddharth Nagar, he was sent on deputation in U.P. Power Corporation Limited. During investigation the evidence was -collected by the I.O., he is the same person on whose behalf the present petition has been moved who took active part in the commission of the crime but mistake was committed in the parentage.
(3.) THE petitioner has been arrested as accused in the above mentioned case crime No. 252 of 2001 under sections 147, 148, 302, 342, 351, I.P.C., P.S. Civil Lines, district Allahabad whereas he is not the same person, who has been charge sheeted by the C.B. C.I.D., the charge sheet has been submitted against the S.I. Harendra Kumar Singh son of Sri Ramdhari Singh, r/o Gobaraiya, P.S. Gagha, district Gorakhpur, at present residing on 625-W-2 Juni Kalan Basant Vihar P.S. Navbasta Kanpur Nagar, the then S.I. Parvatan Dal U.P. force Allahabad. The detention of the detenu in Nairn Jail Allahabad in case crime No. 252 of 2001 P.S. Civil Lines district Allahabad is illegal, he may be released forthwith.;