Smt. Soni vs State Of U.P. Thru Secy. Home ...
2012 Latest Caselaw 2247 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- HABEAS CORPUS No. - 720 of 2011
 

 
Petitioner :- Smt. Soni
 
Respondent :- State Of U.P. Thru Secy. Home Deptt. & Ors
 
Petitioner Counsel :- D.C. Verma,Tariq Siddiqui
 
Respondent Counsel :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

Sri Upendra Kumar Agarwal, S.P., C.B.C.I.D., Lucknow, is present and has apprised this court of certain facts that have come to light for the first time.

This court has been apprised of the fact that the petitioner-husband did not inform the investigating agency of the fact that the missing person Smt. Soni was admitted in a hospital from 19.10.2010 till 25.10.2010 with complaint of manic disorder.  Xerox copy of the discharge-slip has been produced in court, which indicates that advice was given to the patient viz. the alleged detenue/missing person for consultation at a Mental Hospital, Bareli.

Learned counsel for the petitioner states that different stands are being taken by the investigating agency  this case.

Having gone through discharge-slip, this court is of the opinion that in the first place it was for the husband to inform the investigating agency as well as this court that his wife suffered from manic disorder for which she had been taken to the hospital.  This certainly was a relevant fact.

At this stage, learned counsel for the petitioner prays for time to take instructions.

List this case on 10th July, 2012.

Sri Upendra Kumar Agarwal, S.P., C.B.C.I.D., Lucknow, and Sri Narendra Pratap Singh, Additional S.P., C.B.C.I.D., would not be required to put in appearance before this court, unless and until called for.

Only Sri Dinesh Kumar Singh, Inspector, C.B.C.I.D., would be required to appear with latest status-report of investigation.

The investigating teem would be at liberty to investigate conduct of the petitioner also, who has concealed a material and relevant fact.

Order Date :- 28.5.2012

A.Nigam