Baba Kishan Das vs State of U.P.& Ors.

The appellant filed a writ in the nature of Habeas Corpus before the Hon''ble Single Judge, as according to him some of the private respondents with the aid and connivance of the police authorities had abducted one Baba Kishan Das and the police did not register a case against them. On behalf of The respondents Sri Munendra Singh Rathore and Sri Shankar Lal Sharma, respondents Inspector 296, Zone3, Nagar Nigam, Lucknow, it was contended that the public servants have nothing to do with the commission of any offence. They are officers of the Nagar Nigam and complying with the orders of the higher authorities to prevent the unauthorised occupation and trespass over Government land. They have taken action. The allegations about the alleged abduction and the alleged moving of the application have been done as a counter measure in retaliation to thward the Nagar Nigam from taking legal steps to protect the public property. They also submitted before the Hon''ble Single Judge that the appellant instead of taking recourse to other available modes has approached this Court directly, which is not permissible under the law as alternative remedy is available.

Considering the said arguments Hon''ble Single Judge was pleased to dismiss the writ petition by taking a view that since alternative remedy was available, therefore, this petition was not maintainable and is also of no merit. Hiking away of Baba Kishan Das by them had been denied. Hence the writ petition was not maintainable having no force, the writ petition was accordingly dismissed.

Being aggrieved against the order of Hon''ble Single Judge, the present special appeal has been filed. We are of the view that in case any offence has been committed and the report was not lodged in the Police Station, the next friends of Baba Kishan Das on whose behalf the petition was preferred, may approach the Chief Judicial Magistrate concerned by filing an application, purporting to be one under Section 156(3), Cr. P.C. and, if any, such application would be preferred, then on being satisfied, the Chief Judicial Magistrate, may order the police to investigate into the matter and, if, he so chooses on being satisfied that Baba Kishan Das has been abducted may direct to search of the person who has been abducted in accordance with the provisions of Cr. P.C. The petitioner may also approach the Senior Superintendent of Police, Lucknow, who may take necessary steps for the recovery of Baba Kishan Das, in case he had been abducted.

In view of the fact that there was specific denial on the part of the respondents that Baba Kishan Das was abducted by them. We are of the view that the order passed by the Hon''blc Single Judge cannot be faulted inasmuch as, alternative remedy is available to the petitioner.

With the aforesaid observation and direction the special appeal is dismissed.