2005 (7) TMI 731

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...., Dy. Adv. JUDGMENT GYAN SUDHA MISRA, J. 1. The petitioner had filed this writ of habeas corpus for production of his brother who was alleged to be under illegal detention of respondent Nos. 5 to 14. A show cause notice was issued on this writ petition and an order was also passed on 11.7.2005 granting one more opportunity to the Addl. govt. Advocate to trace out the missing person and in....

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....ent jurisdiction. In so far as respondent No. 5 Ishwariya son of Ramswaroop is concerned, the Dy. Govt. Advocate stated that he is not traceable and as per the investigating agency, he is a labourer who has gone out to earn his livelihood and since there is no material as yet to submit charge sheet against him, the same could not be submitted. Yet the respondents are doing their best to trace out ....

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....e court is satisfied that it is a definite case where the detenue is under illegal detention of any person or any agency including the police. In absence of any material to that effect, it would be extremely difficult for the court to entertain a habeas corpus petition by practically converting the habeas corpus petition as a monitoring agency of the police case which has been registered. We may n....