Kamal Das Mahant v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (HC) No.

Kamal Das Mahant S/o Shambhu Das Mahant Aged About 24 Years R/o Village Chhind, Post Chind, Tahsil And Police Station Sarangarh, District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department of Home, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur Chhattisgarh.

2. Collector Raigarh, District Raigarh Chhattisgarh.

3. Superintendent of Police Raigarh, District Raigarh Chhattisgarh.

4. Station House Officer, Through Police Station Sarangarh, District Raigarh Chhattisgarh.

5. Ram Nivas Sahu S/o Shri Keshav Sahu Aged About 45 Years R/o Village Salhe, Tahsil And Police Station Sarangarh, District Raigarh Chhattisgarh.

6. Smt. Triveni Sahu W/o Ramnivas Sahu Aged About 42 Years R/o Village Salhe, Tahsil And Police Station Sarangarh, District Raigarh Chhattisgarh.

7. Rampyare Sahu S/o Keshav Sahu Aged About 43 Years R/o Village Salhe, Tahsil And Police Station Sarangarh, District Raigarh Chhattisgarh.

8. Smt. Nandani Sahu D/o Ramnivas Sahu Aged About 22 Years R/o Village Salhe, Tahsil And Police Station Sarangarh District Raigarh Chhattisgarh. ---- Respondents For Petitioner : Shri U.R.Koshley, Advocate.

For State/Respondents 1 to 4 :Shri Gagan Tiwari, Deputy Government Advocate. Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Manindra Mohan Shrivastava, Judge Order on Board Per Manindra Mohan Shrivastava, Judge 13/05/2019 1.

Petitioner sought issuance of a writ of habeas corpus seeking production of Respondent No. 8-Smt. Nandini Sahu on the pleadings that though the Respondent No. 8, Nandini Sahu is his legally wedded wife, she is being

illegally detained by the private Respondents No. 5 to 7. On the said allegation having been made, in this writ petition, we directed the Respondent State authorities to produce the detenue before this Court. 2.

Respondent No. 8 who is now present in the Court has expressed that she is presently residing with the Petitioner. According to her, at present, she is not under any illegal detention either under any authority, much less under Respondents No. 5 to 7.

3.

Shri Jitendra Khunte, Sub Divisional Officer (Police), Sarangarh is also present in the Court and states that no detention of Respondent No. 8 has been found as on date and the Respondent No. 8 is residing with her husband/Petitioner.

4.

The Petitioner expresses at this stage that now there is no need for further proceeding in the matter as his wife-Respondent No. 8 is now residing with him.

5.

In view of the statement made by learned counsel for the respective parties and particularly taking into consideration the statement of the learned counsel for the Petitioner as also what has been stated before us by the Respondent No. 8, no further orders are required to be passed. The Respondent No. 8 shall be at liberty to go wherever she wants to. 6.

With the aforesaid observation and direction, this writ petition stands disposed off.

Sd/- Sd/- ( P.R. Ramachandra Menon) (Manindra Mohan Shrivastava) CHIEF JUSTICE JUDGE Amit