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High Court Of ChhattisgarhWPHC/17/2015disposed off

Aktar Ali Ex-Serviceman v. State Of Chhattisgarh

2015-08-03Hon'Ble Shri Justice Pritinker Diwaker,Hon'Ble Shri Justice Inder Singh Uboweja2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 17 of 2015 • Aktar Ali Ex-Serviceman S/o Salayat Ullah, aged about 50 years R/o Village Khodri, Tahsil Pendra Road, P.S. Gourela District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State of Chhattisgarh Through Secretary, Department Of Home, Naya Raipur, New Rakhi, Raipur District Raipur Chhattisgarh

2. Superintendent Of Police Bilaspur, District Bilaspur (Chhattisgarh)

3. Station House Officer Police Staiton Gourela, District Bilaspur (Chhattisgarh)

4. Sub Divisional Officer Pendra Road, District Bilaspur, (Chhattisgarh)

5. Abdul Gaffar ( Chotka) S/o Saukat Ali, aged about 25 Years, R/o Village Khodri Tahsil - Pendra Road, District Bilaspur (Chhattisgarh) ---- Respondents For Petitioner :

Shri Avinash Chand Sahu, Advocate For Respondent No.1 to 4/State :

Shri Arun Sao, Deputy Advocate General Respondent No.5 Abdul Gaffar is present in person. Shri D.S.Rajput, S.H.O. and Constable Ms. R.P.Rathore, Police Station Gourela are also present in person.

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice Inder Singh Uboweja Order On Board By P. Diwaker, J.

03/08/2015 According to the petitioner, his daughter Ku. Reshma has been abducted by respondent No.5 - Abdul Gaffar and she is missing since 26.05.2015. The petitioner has prayed for a direction to the State Authorities to produce his daughter Ku. Reshma before this Court. Apart from this, the petitioner has also prayed for safety of his daughter. Yet another relief has also been prayed for by the petitioner to register the First Information Report against the person, who had abducted the daughter of the petitioner. 2.

On 24.07.2015 the State Counsel took time to seek instructions from the State Authorities. Today when the case is taken up on Board, Respondent No.3 - Station

House Officer Shri D.S.Rajput and Lady Constable Ms. R.P.Rathore, Police Station Gourela is present in person along with Ku. Reshma. It has been informed by the Station House Officer that Ku. Reshma herself had appeared before the Police Station on 31.07.2015 informing them that she was residing at Luthra Shariff (worship place) of her own free-will and that nobody had abducted her. 3.

On a specific query being made to Ku. Reshma, she replied that she was living at Luthra Shariff of her own free-will and was performing the religious prayer. She submits that she was never abducted by respondent No.5 - Abdul Gaffar. She further submits that her date of birth is 23.03.1993 and has prosecuted her studies upto B.A. second year. She also submits that Police Authorities be directed not to initiate any action against respondent No.5 and she is willing to go along with the petitioner. 4.

Respondent No.5 - Abdul Gaffar, who is present in person, submits that he had never abducted Ku. Reshma and he was not residing with her at Luthra Shariff. 5.

Petitioner - Aktar Ali, who is present in person, submits that he would keep his daughter with full love and affection and that he does not want the Police to take any action against anyone. Ku. Reshma is also willing to go with her parents. 6.

In view of above subsequent development, no further order is required in this petition. The petition is accordingly disposed off. Sd/- Sd/- (Pritinker Diwaker) (I.S.Uboweja) Judge Judge Anjani