Allahabad High Court special bench sits on Sunday to hear Habeas Corpus petition

The Allahabad High Court sat on Sunday to hear a Habeas Corpus petition (Raj Kesharwani Through His Mother Suman Kesharwani v. State of UP).A Division Bench comprising of Justices Pritinker Diwaker and Samit Gopal, heard a plea moved by Suman Kesharwani, stating that her son, Raj Kesharwani was abducted on July 7 at 8:00 pm from the main gate of the house and has been illegally detained by police authorities. The Court gave two days time to the State government to file its response though it observed that prima facie, it "cannot be said that the petitioner is in illegal detention."."Considering the submissions made by counsel for the petitioner and the State, we are of the view that, prima facie, it cannot be said that the petitioner is in illegal detention. Looking to the urgency of the matter, two days' time is granted to the learned State Counsel to file counter affidavit, after serving it to the counsel for the petitioner," the order said. .The petitioner contended that information was given to the Station House Officer, Police Station Dhoomanganj, District Prayagraj in writing about her son's, but no action was taken by the said officer. Subsequently, the petitioner came to know on July 8 that her son was kept in illegal detention in a torture room within the premises of Police Station Cantt, District Prayagraj since July 7..The counsel for petitioner submitted that no provision of the Criminal Procedure Code regarding arrest was followed by the Police while arresting Raj Kesharwani and, therefore, his detention is illegal.It was also alleged that the detenue was tortured by the Police since many days was not produced before the concerned Magistrate..On the other hand, the State counsel opposed the contentions stating that an FIR under Section 392 of Indian Penal Code had been registered against unknown persons on June 30. During investigation, complicity of the petitioner surfaced on the basis of CCTV footage, it was submitted. He was arrested July 10 at about 1:30 PM and produced before the concerned Magistrate on July 11 in the morning, the State counsel said. .The State prayed for some time to files its response which was allowed bt the Court.The matter will be heard again on July 14..Advocate Ritesh Srivastava, appeared for the petitioner on telephone and M C Chaturvedi, (Additional Advocate General) assisted by S Ali Murtaza (AGA) represented the State..[Read order]