Citation : 2013 Latest Caselaw 1465 ALL
Judgement Date : 29 April, 2013
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 26 Case :- HABEAS CORPUS No. - 31 of 2013 Petitioner :- Shubham Tripathi Thr.Natural Guardian Kaushal Kishore Tripat Respondent :- State Of U.P.Thr.Prin.Secy.(Home) Civil Sectt.Lko.& Others Petitioner Counsel :- Rakesh Pandey Respondent Counsel :- Govt.Advocate,Surya Kant Hon'ble Ajai Lamba,J.
An affidavit sworn by Sri Ajay Kumar, Superintendent of Police, Lucknow(West) has been filed with the plea that all efforts are being made to trace the whereabouts of the alleged detenue Shubham Tripathi. In that context, it has been stated that an affidavit to the effect that he is living in Delhi of his own freewill and is employed there, allegedly sworn by Shubham Tripathi, has been received by various authorities.
Having gone through the contents of the affidavit in that regard it becomes apparent that the said affidavit cannot be considered as even a prima facie evidence or material to indicate that it was either sworn by Shubham Tripathi or that the contents given in the affidavit carry any meaning.
This court has been given to understand that the relevant mobile numbers are being tracked.
Sri Sarvesh Mishra, Circle Officer, Incharge Police Station Chowk, Lucknow, is present and assures that efforts would be continued and in all possibilities, if one month's time is given, the whereabouts of the alleged detenue would be traced.
Sri Farhan Alam Osmani, Advocate, has put in appearance for respondent no.4 and states at the Bar that his client Mrs. Jyoti Kakkar does not know the whereabouts of her daughter Pooja Kakkar, who was teacher of the alleged detenue Shubham Tripathi.
Power of attorney of Sri Osmani is taken on record.
Let his name be shown in the list as counsel for respondent no.4.
List this case on 28.5.2013 on request of Sri Sarvesh Mishra, Circle Officer, Incharge Police Station Chowk, Lucknow.
Order Date :- 29.4.2013/A.Nigam
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