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Judgment
Anand Pathak, J
Today, the petitioner has mentioned the matter before the Hon'ble Acting Chief Justice and under the direction, the matter is listed today itself and heard on admission/interim relief.
The present petition is under Article 226 of the Constitution in the nature of Habeas Corpus. It is the submission of learned counsel for the petitioner that the petitioner is being illegally detained by respondent No.3 authority. It is further submitted that the petitioner has filed a civil suit for declaration and permanent injunction against some authorities.
On 02.06.2024 at 11.00 A.M., the police official reached the disputed site and tried to take possession over the property. At 7.00 PM, the petitioner reached with the papers to the Police Station University, Gwalior where he had been illegally detained.
When counsel for the petitioner Shri Suresh Agrawal approached the police authority and asked the reason for alleged detention then no plausible reason was given and the police official misbehaved with him. In sum and substance, it is the grievance of the petitioner that he has been illegally detained.
Shri M.S. Jadon - Government Advocate appearing on behalf the respondent/State refers the submission dated 03.06.2024 prepared by Station House Officer, Police Station University, Gwalior in which he has mentioned that the facts in a manner that the petitioner was found to be in possession of a stolen mobile and therefore, case was registered against him vide Crime No.189 of 2024 for offence under Section 379 of the IPC. The petitioner did not cooperate in the investigation and recovery of mobile was sought from him. Therefore, he was arrested and produced before the concerned Magistrate. Arrest memo dated 03.06.2024 prepared at 1.35 AM and F.I.R. registered vide Crime No.189 of 2024 for the offence under Section 379 of the IPC at 1.28 AM was referred.
The respondent/State is directed to submit the copy of those documents.
Perusal of the documents and hearing of arguments reveal that case has been registered against the petitioner vide Crime No.189 of 2024 at Police Station University, Gwalior and he has already been produced before concerned Judicial Magistrate. Therefore, it is not a case where the petitioner is being illegally detained for 24 hours. The petitioner is always at liberty to pursue his remedy in case of vexatious litigation if any allegedly imposed over him. Purpose of filing the petition is over.
Considering the submissions, the petition stands disposed of as rendered infructuous.