Citation : 2016 Latest Caselaw 4389 ALL
Judgement Date : 20 July, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 28 Case :- HABEAS CORPUS WRIT PETITION No. - 8309 of 2014 Petitioner :- Shiv Kumari And Anr. Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Rajiv Dwivedi, Praveen Kumar Singh, S.P.Verma Counsel for Respondent :- Govt. Advocate,Ashok Tripathi,P K Misra,Sanjeev Kumar Rai Hon'ble Abhai Kumar, J.
Learned counsel for the petitioner, learned A.G.A for the State are present.
Status report / affidavit has been filed today by the State, which is taken on record. It is submitted by learned counsel for the State that so far recovery is concerned, it has not been done far that its all efforts are being made. In the process nine accused were sent to jail, charge-sheet against them has already been submitted. It is further stated that the main accused with whom victim was said to have been gone has also been arrested and also been sent to jail.
This matter is going on since 2014, where the incident is said to the year 2013. In the circumstances, the petitioner is directed to give information regarding the location of the victim / corpus and also to reveal regarding illegal detention in whose custody the corpus is. The writ petition of habeas corpus is not in the nature to get the investigation done by prosecuting authority. In case, the prosecution is not doing investigation properly then petitioner could very well approach the higher authorities for proper investigation of the case, but in case the whereabouts of the corpus is not known then what is left in the proceeding is to be explained by learned counsel for the petitioner.
The progress report, if any, may be filed by the next date of listing.
The personal appearance of Investigating Officer of this case is exempted, unless otherwise ordered.
List this petition on 29th August, 2016..
Order Date :- 20.07.2016.
Vinod.
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