IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (HABC) No. 11 of 2010 Satish …Petitioner Versus State of Uttarakhand and another …Respondents None appears on behalf of the petitioner. Mr. S.S. Adhikari, learned A.G.A. for the State. Dated 21st May, 2010 Hon’ble B.C. Kandpal, J. Hon’ble Nirmal Yadav, J. By way of this petition under Article 226 of the Constitution of India, the petitioner has prayed for issuing a writ in the nature of Habeas Corpus directing the respondents to produce the petitioner’s nephew, namely, Amit alias Monu S/o Anup Singh R/o Village Dhamat, Police Station Purkaji, District Muzaffarnagar, who is in the illegal detention of the respondents. List has been revised. None appears on behalf of the petitioner. Mr. S.S. Adhikari, learned A.G.A. for the State is present. A counter affidavit on behalf of respondent no. 2 has been filed. In paragraph-4 of the counter affidavit, it has been averred that Amit alias Monu was arrested by the police of police station Roorkee on 06.04.2010 in connection with case crime no. 186 of 2010. He admitted his guilt and a mobile phone of deceased was recovered from his possession. Thereafter Amit alias Monu was produced before the Judicial Magistrate Roorkee fromwhere he was sent to judicial custody on 07.04.2010 and since then he is in jail. 2 In view of the aforesaid averments made in the counter affidavit by respondent no. 2, it is quite clear that Amit alias Monu had never been in illegal custody of the respondents. Rather, it is clear that said Amit alias Monu is in jail in connection with case crime no. 186 of 2010 under Section 364- A of the I.P.C, police station Roorkee. For the reasons stated above, this habeas corpus petition does not bear any force and is accordingly dismissed. (Nirmal Yadav, J.) (B.C. Kandpal, J.) VKG 21.05.2010