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Neutral Citation No. - 2025:AHC:117204 Court No. - 85 Case :- HABEAS CORPUS WRIT PETITION No. - 56610 of 2015 Petitioner :- Nazim And 2 Others Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Aditya Prasad Mishra Counsel for Respondent :- Abhishek Kumar,G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioners, Sri Abhishek Kumar,
learned counsel for the respondent Nos. 5 and 6, learned A.G.A. for the State and perused the record. The present Habeas Corpus Writ Petition has been filed to issue a writ, order or direction in the nature of Habeas Corpus directing the respondent Nos. 5 and 6 to produce the corpus/Nazim/petitioner No. 1 before this Hon'ble Court, who is under the illegal detention of the respondent Nos. 5 and 6 and to set him free in favour of petitioner Nos. 2 and 3. It has been submitted by learned counsel for the petitioners that the petitioner No. 1 Nazim (corpus) went missing on 27.05.2010 regarding which the petitioner No. 2 Smt. Salma (mother) lodged an FIR bearing Case Crime No. 709 of 2010 under Sections 166, 167, 342, 364, 504 and 506 IPC at Police Station-Sardhana, District-Meerut against respondent Nos. 5 and 6. It is the admitted case of the petitioners that now the respondent Nos. 5 and 6 in the said prosecution have been acquitted. Per contra, it has been submitted by learned counsel for the respondent Nos. 5 and 6 that the petitioner No. 1 Nazim (corpus) is a hard-core criminal and has a criminal history of six cases registered against him at Police Station-Sardhana, District-Meerut. In retaliation to the action taken against them by the concerned police station, the petitioners had filed the present Habeas Corpus petition to harass the respondent Nos. 5 and 6 who were the police officers posted at the concerned police station at that point of time. An FIR was registered by petitioner No. 2 bearing Case Crime No. 709 of 2010 under Sections 166, 167, 342, 364, 504 and 506 IPC at Police Station- Sardhana, District-Meerut implicating the respondent Nos. 5 and 6. Now, after conclusion of the trial, the respondent Nos. 5 and 6 have been acquitted by the judgment and order dated
25.06.2019 passed by the Additional Sessions Judge/Special Judge, E.C. Act, Meerut. It has been emphasized the the petitioner No. 1 Nazim has never been illegally detained rather he was wanted as an accused in several cases registered against him. Accordingly, there is no merit in the matter and the petition is accordingly, dismissed as infructuous.
Order Date :- 18.7.2025 Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad