Akash Tejaswi v. The State Of Bihar Through The Director General Of Police, Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1098 of 2022 Arising Out of PS. Case No.- Year-0 Thana- District- Jehanabad ====================================================== AKASH TEJASWI S/o Rituraj Sharma R/o Village- Parahan, P.S.- Kinjar, District- Arwal ... ... Petitioner/s

Versus

1.

The State of Bihar through the Director General of Police, Bihar Bihar 2.

The State of Uttar Pradesh through the Director General of Police, Lucknow, Uttar Pradesh.

3.

The Director General of Police, Bihar 4.

The Director General of Police, Uttar Pradesh Lucknow Emil ID dspcontrolup @ nic.in Office No.0522-2390240. 5.

Commissioner of Police, Gautam Budhha Nagar, Uttar Pradesh Emil ID cppol.sp@up.gov.in Mobile No. 8595902501 Office Number 0120-2973337 6.

Additional Commissioner of Police (Law and Order) Gautam Budhha Nagar Mobile No. 8595902502 Office Number-0120-2973337 7.

The Senior Superintendent of Police, Patna. Bihar 8.

The Superintendent of Police, (City), Patna. Bihar 9.

The Deputy Superintendent of Police, Sadar, Patna. Bihar 10.

Station House Officer, Knowledge, Park Police Station Mobile Number 8595902542, 9870395069. Bihar 11.

The Station House Officer, Kadam Kuan Police Station, Patna. Bihar 12.

Anshul Wife of Akash Tejaswi, D/o Ram Kumar R/o D-307, Sector- 2, Greater Noida, Bisrakh Dadri, Gautam Budha Nagar, Uttar Pradesh- 201306 13.

Ram Kumar Son of Late Jabar Singh R/o D-307, Sector- 2, Greater Noida, Bisrakh Dadri, Gautam Budha Nagar, Uttar Pradesh- 201306 ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s : Ms. Prerna Rishi, Adv.

Mr.Patanjali Rishi, Adv.

For the State Mr. Manish Dhari Singh, APP For Respondent No. 5, 6 and 10 : Mr. Nadim Seraj, G.P. Mr. Santosh Kumar Yadav, Adv.

Mr. Shahbaj Alam, Adv.

For Respondent No. 12 and 13 Mr.Prince Kumar Mishra, Adv.

Mr. Vikas Kumar Jha, Adv.

======================================================

2/4 CORAM: HONOURABLE MR. JUSTICE A. M. BADAR and HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY ORAL ORDER (Per: HONOURABLE MR. JUSTICE A. M. BADAR) 03-11-2022 Ref:- I.A. No. 1/2022.

This is an application for impleadment of the person who is allegedly detained illegally as well as her father Ram Kumar.

For the reasons stated in the interim application, the same is allowed. Amendment be effected forthwith. Mr. Prince Kumar Mishra, the learned advocate waves notice for the newly added respondents.

Heard all the parties.

The learned counsel for the petitioner submits that newly added respondent Miss Anshul is his legally wedded wife and she is under illegal detention of her parents as some police personnel from Uttar Pradesh police along with staff of Kadamkuan police station came to the house of the petitioner and took away his wife i.e. newly added respondent Miss Anshul.

Mr. Nadim Seraj, the learned Government Pleader appearing for respondents no. 5, 6 and 10 relying on the counter affidavit filed by affiant Vipin Kumar Sub Inspector of Police

3/4 of police station Knowledge Park Greater Noida, District Gautam Budh Nagar(Uttar Pradesh) argued that newly added respondent Ram Kumar made a written complaint about missing of his daughter Anshul and acting on that complaint, the police traced out the missing girl Miss Anshul. Her statement was recorded and as she was willing to continue to stay with her parents, she was handed over to her parents. Our attention is also drawn to the statement of newly added respondent Miss Anshul daughter of Ram Kumar recorded by the police wherein she has stated her willingness to reside with her parents. The learned assisting counsel appearing on behalf of respondent no. 11 Inspector cum Station House Officer, Kadamkuan police station has reiterated the same contention by relying on affidavit of Bimlendu Kumar, Inspector cum Station House Officer, Kadamkuan police station.

Mr. Prince Kumar Mishra the learned counsel appearing for the newly added respondent i.e. allegedly detained girl and her father has made statement at bar that she i.e. Miss Anshul along with her father Mr. Ram Kumar (newly added respondents) are present before the court and Miss Anshul is staying with her parents out of her own free will. In this view of the matter, the petition is devoid of

4/4 merit as it cannot be said that Miss Anshul is illegally detained by her father. The same is accordingly dismissed. It is reported by Mr. Prince Kumar Mishra the learned counsel appearing for the newly added respondents that Miss Anshul and her father Mr. Ram Kumar who have came all the way from Greater Noida to Patna are being harassed by the miscreants including the petitioner and his family members. This Court hope and trust that as the learned Government Pleader appearing for the State Police Force is before the Court, he will ensure safe return of newly added respondents Miss Anshul and her father Ram Kumar back to their own place of residents.

With this observation, the petition stands disposed of. (A. M. Badar, J) ( Alok Kumar Pandey, J) shahzad/- U T