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TMI Blog2005 (7) TMI 731X X X X Extracts X X X X X X X X Extracts X X X X ..... A 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 the event of failure to do so, statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dent 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 petitioner's brother as also to c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ite 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 not be misunderstood so as to say that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... us petition. The petitioner, therefore, will be at liberty to keep a watch on the case which he has registered regarding disappearance of his brother. In addition, we leave It open In the Interest of Justice, to the petitioner to file a fresh habeas corpus petition, if at any point of time or at any stage of the investigation of the FIR, it comes to his knowledge that his brother is in Illegal det ..... X X X X Extracts X X X X X X X X Extracts X X X X
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