KHAJAN SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) THIS is Habeas Corpus Petition filed by the father of detenu Roopa. In the petition, the petitioner alleged that his son Roopa was taken into custody on 27.6.95 and was illegally detained and tortured in police station Janakganj. Alongwith the petition a copy of the application (Annexure Pit), presented before the A.C.J.M. Gwalior, was also filed. In the application also it was submitted that Roopa has been taken into custody on 27.6.95 and he is tortured in the police station continuously and it was prayed that either he may be directed to be released from illegal detention or, in the alternative, he may be granted bail. On the aforesaid application report was called from the concerned police station. In the report (Annexure -P/2) submitted before the Court, it is mentioned that Roopa s/o Khajansingh is required in Crime No. 157/95 for offence u/S. 392 I.P.C. It was also mentioned that he is not detained in the police station, but his search is being made. It was reported that he has not been arrested. This report was submitted before the Magistrate.

(2.) ON the same day another application was filed, controverting the contention that Roopa has not been detained in the police station. It was reiterated that he was detained on 27.6.95 and a false report has been submitted before the Court of A.C.J.M. and that his detention is illegal. This application was filed on 2nd July 1995. On this application, further report was called for and on 3rd July 1995 another report was submitted in writing through A.P.P. to the effect that Roopa s/o Khajan Singh is not in the police station. In this report it has been mentioned that neither Roopa has been arrested nor is he required in any offence. It is further mentioned that the detenue has not been detained in the police station. On 3.7.95 itself, on behalf of detenu Roopa, telegrams were also sent to the State Government through Inspector General of Police, Superintendent Police, Gwalior.

(3.) ON 5.7.95, when produced before the Magistrate, grievance was made by Roopa the detenu, that he has been beaten by police. Then, the Magistrate directed the jail authorities to get the detenu medically examined. Accordingly, he was examined. Another application moved by Roopa for X -ray.