- (1.) THIS Habeas Corpus petition has been filed through Haseeb, son of Munna Khan ( corpus) with the prayer to issue a writ, order or direction in the nature of Habeas Corpus directing the respondents to set said Munna Khan (corpus) at liberty forthwith.
(2.) COUNTER and rejoinder affidavits have been exchanged.
(3.) HEARD learned counsel for the petitioner and learned counsel for respondent no.3 as well as learned AGA for respondents 1 and 2. Brief facts of the case as emerge out from this petition are that Munna Khan ( corpus) was engaged in property dealing business and was living at Gali No.7, Block No.3, Ward No.34, Bihari Wali Gali, Ashok Vihar, PS Loni, District Ghaziabad with all family members for the last 16 -17 years, who had taken Rs.4 lakhs from respondent no.3 and his associates by mortgaging the original deed of the said house but respondent no.3 was denying to return the said deed to the corpus and since then the petitioner was occasionally living at his parental house in District Bahraich. The petitioner was informed by the labours who were working with his father Munna Khan ( corpus) that the mobiles of his father and his brother were switched off. Then the petitioner came from his native village Bahriach to Ghaziabad and found a letter written by his father contained in a box about threat being given to him by respondent no.3 and his associates of dire consequences. The petitioner vigorously searched for his father and his other family members but could not get success and it appeared that respondent no.3 and his associates have illegally got detained his father in their custody. The petitioner ultimately moved the higher authorities of police department by filing a complaint stating the aforesaid facts for action in the matter but as no action was taken, hence the present petition has been filed.;