Kali Ram Anant v. State Of Chhattisgarh
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (HC) No. 12 of 2019 Kali Ram Anant S/o Late Chaitu Ram Anant Aged About 51 Years R/o Village Dhuma, Imlipara, Chowki Jungapara, P.S. Takhatpur, District- Bilaspur, Chhattisgarh.
---- Petitioner
Versus
1. State of Chhattisgarh Through The Secretary, Department Of Home, Mahanadi Bhawan, Mantralaya, Atal Nagar, Raipur, District- Raipur, Chhattisgarh.
2. Inspector General of Police Bilaspur Circle, District- Bilaspur, Chhattisgarh.
3. Superintendent of Police Bilaspur, District- Bilaspur, Chhattisgarh.
4. Collector Bilaspur, District Bilaspur, Chhattisgarh.
5. Station House Officer Police Station Kota, District- Bilaspur, Chhattisgarh
6. Chhum @ Deepak S/o Prem Aged About 26 Years R/o Village Dhuma, Imlipara, Chowki Junapara, P.S. Takhatpur, Disrtict- Bilaspur, Chhattisgarh.
7. Prem S/o Seuak Ram Aged About 46 Years R/o Village Dhuma, Imlipara, Chowki Junapara, P.S. Takhatpur, Disrtict- Bilaspur, Chhattisgarh
8. Kamma Bai W/o Prem Aged About 44 Years R/o Village Dhuma, Imlipara, Chowki Junapara, P.S. Takhatpur, Disrtict- Bilaspur, Chhattisgarh
9. Kumari Preeti D/o Kaliram Anant, Aged About 16 Years Minor, R/o Village - Dhuma, Imlipara, Chowki - Junapara, Police Station Takhatpur, District Bilaspur Chhattisgarh.
---- Respondents For Petitioner : Shri Praveen Dhurandhar, Advocate.
For Respondent/State : Shri Gagan Tiwari, Deputy Government Advocate. For Respondent No. 6 : Shri Anup Majumdar, Advocate For Respondents No. 7 and 8 : Shri Krishna Tandon, Advocate.
Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per Parth Prateem Sahu, J 10/07/2019 1.
The Petitioner has filed this writ petition under Article 226 of the Constitution of India, seeking a writ of habeas corpus for production of her daughter who is alleged to be in the illegal custody of Respondents No. 6 to 8. 2.
In view of the earlier order passed by this Court on 19.06.2019, the detenue has been produced before this Court. In the facts and circumstances of this case, we thought it proper to interact with the detenue in chamber. 3.
Learned counsel for the Petitioner has produced the progress report of the detenue of the year 2016-2017 which is of Government High School Dhuma, block Takhatpur, District Bilaspur. The mark-sheet shows the date of birth of the detenue as 16.12.2002. Considering the date of birth as mentioned in the progress report, the age of the detenue appears to be below 18 years.
4.
Learned counsel for the Respondent No. 6 objects that the progress report of a school cannot be taken into consideration for assessing the age of the detenue.
5.
Looking to the nature of the proceedings, the document which has been filed before this Court which is of Government High School, Dhuma, for the purpose of the present case, we are considering the age of the detenue to be as mentioned in the progress report. Since the detenue is below 18 years of age, therefore, it is directed that the custody of the detenue be handed over to the Petitioner, who is her father. The Police authorities will escort the detenue and leave the detenue in her parent's house.
6.
In view of the above, this writ petition stands disposed of. However, it is made clear that the observation made in this order with respect to the age of the detenue is not conclusive as it is only a prima facie observation based on the documents produced before this Court i.e. the progress report of the Government High School, Dhuma.
Sd/- Sd/- ( P.R. Ramachandra Menon) (Parth Prateem Sahu) CHIEF JUSTICE JUDGE Amit