D Prashant v. The State Of Chhattisgarh

AFR HIGH COURT OF CHHATTISGARH, BILASPUR WP(HC) No. 13 of 2019 • D Prashant S/o D Shaktiraju, aged About 22 Years, R/o Camp - 1 Jalebi Chowk Pragati Nagar/Quarter No. 82/C Bhilai Police Station Chhawni, Tehsil and District Durg, Chhattisgarh. ---- Petitioner

Versus

1. The State of Chhattisgarh Through The Secretary, Ministry, Of Home Affairs, Mahanadi Bhawan, Mantralaya, New Raipur (Atal Nagar) District : Raipur, Chhattisgarh

2. Superintendent Of Police Durg, District Durg, Chhattisgarh.

3. Station House Officer, Police Station Chhawni, District Durg, Chhattisgarh.

4. Rajesh Jain, aged About 48 Years, R/o Camp - 1 Jalebi Chowk, First Floor Of Rajesh Vastra Bhandar Bhilai District Durg Chhattisgarh.

5. Chanchal Jain W/o Rajesh Jain, Aged About 45 Years, R/o Camp - 1 Jalebi Chowk, First Floor Of Rajesh Vastra Bhandar Bhilai District Durg Chhattisgarh.

6. Smt. Kritika Jain W/o D. Prashnat, Aged About 20 Years, D/o Rajesh Jain, R/o Camp-I, Jalebi Chowk, 1st Floor Of Rajesh Vatra Bhandar, Bhilai, District Durg Chhattisgarh.

---- Respondents For Petitioner :

Ms. Priya Sharma, Advocate.

For Respondents 1 to 3 /State :

Mr. R.S. Baghel, Dy. A.G.

For Respondents 4 & 5 :

Shri Navin Shukla, Advocate.

Hon'ble Smt Justice Rajani Dubey Order On Board 27.05.2019 This Habeas Corpus petition is filled by Mr. D. Prashant. The petition contains an allegation that he had an affair with respondent No.6- Kritika Jain (since married) and the petitioner and the said Kritika Jain, both are major and had voluntarily decided to marry and also solemnized marriage on 15.12.2018. However, the parents of

Kritika Jain are not inclined to accept this relationship and Kritika Jain has been kept confined in the house against her wishes. This Court had issued notices to respondents and the police was directed to produce the girl- Kritika Jain 2.

Respondent No.6- Kritika Jain presently appears before this Court. This court enquired from her and she appears to be quite emphatic in stating that she wants to stay with her parents. 3.

This Court granted both the parties time to discuss the mater and then again appeared before this Court. The matter was taken in camera proceedings at 1.20 PM in the Court. Kritika Jain remains firm on her statement and stated that she would like to go with her parents. 4.

In view of the emphatic statement made by respondent No.6Kritika Jain that she is interested in staying with her parents, this Court hereby orders that Kritika Jain be set free and she may go wherever she wants to go and the petitioner shall not create any impediment in her free movement to go anywhere including the company of the parents.

5.

This petition is accordingly disposed of with aforesaid directions. Kritika Jain was brought before this Court by Shri Chandra Shekhar Singh, Head Constable (255), P.S. Chhawni, District Durg. Sd/- (Rajani Dubey) Vacation Judge vijay