Deepu Gupta v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Writ Jurisdiction Case No.1594 of 2017 Arising Out of PS. Case No.-259 Year-2017 Thana- KADAMKUAN District- Patna ====================================================== Deepu Gupta, son of Ashok Gupta @ Ashok Kumar Das, Road No. 1E, Yadav Niwas, P.S.-Kadamkuan, District- Patna. ... ... Petitioner/s

Versus

1. The State Of Bihar.

2. The Superintendent of Police, Patna.

3. The S.H.O, Kadamkuan Police Station, Patna.

4. Bharat Prasad, SI-cum-Investigating Officer, Kadamkuan Police Station, Patna.

5. Arvind Kumar Gupta, son of Mohan Prasad Gupta, G-113, Shadnalsi Nagar, BHEL, Harddwar.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Syed Mohammad Shabbir Alam, Advocate For the Respondent/s :

Mr. P.N. Sharma, AC to AG.

====================================================== CORAM: HONOURABLE DR. JUSTICE RAVI RANJAN and HONOURABLE MR. JUSTICE S. KUMAR ORAL JUDGMENT (Per: HONOURABLE DR. JUSTICE RAVI RANJAN) Date : 06-09-2017 Heard learned counsel for the petitioner and the State. Through this writ application, the petitioner seeks issuance of writ in the nature of habeas corpus directing the respondents for production of Rakhi Gupta, wife of the petitioner, who, according to him, has been abducted by the private respondent. However, admittedly, the FIR has already been lodged at the behest by one Kanchan Mala, who happens to be the mother of the girl with an allegation that the petitioner used to torture the girl

Patna High Court Cr. WJC No.1594 of 2017 dt.06-09-2017 2/2 and suddenly she has disappeared. In such a situation, the investigation is still going on.

It is contended on behalf of the State that the petitioner, with a view to divert the attention from investigation of the case, may have taken a recourse of this writ petition.

Accordingly, we are of the view that this writ application does not have any merit as the FIR has already been lodged on 21.06.2017 and the police is already investigating the matter. In such a situation, the writ petition has to be dismissed as it does not warrant any interference of this Court.

Ordered accordingly.

However, before parting with the matter, we would direct the police to make all the efforts for recovery of the girl or to find out as to what has happened to her.

(Dr. Ravi Ranjan, J) ( S. Kumar, J) V.K.Pandey/- AFR/NAFR N.A.F.R.

CAV DATE N.A.

Uploading Date 11.09.2017 Transmission Date N.A.