High Court Of ChhattisgarhWPHC/15/2019dismissed

Govind Ram Nayak v. The State Of Chhattisgarh

2019-05-22Hon'Ble Shri Justice Sanjay Agrawal2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 15 of 2019 Govind Ram Nayak S/o Ropna Ram Nayak, aged about 34 years, Occupation- Service (Teacher) R/o Near Sahakari Godown, Manora, Tahsil and District Jashpur, Chhattisgarh.

---- Petitioner

Versus

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

2. Director General of Police, State of Chhattisgarh, Police Headquarters, Atal Nagar, Naya Raipur, Raipur, Chhattisgarh.

3. The Superintendent of Police, State of Chhattisgarh, Police Headquarters, Atal Nagar, Naya Raipur, Raipur, Chhattisgarh.

4. Station House Officer, Police Station- Balrampur, District Balrampur, Ramanujganj, Chhattisgarh.

5. Vijay Kumar Sonwani, Constable No. 943, P.S. - Shankargarh, District Balrampur, Ramanujganj, R/o Village- Serengdang, PostJamira, P.S. - Samri, Balrampur, District - Balrampur - Ramanujganj, Chhattisgarh.

----Respondents For Petitioner :

Shri A.K. Prasad, Advocate For Respondents No. 1 to 4/State :

Smt. Fouzia Mirza, Addl. A.G.

Smt. Poonam Sahu, Lady Constable LC/1069, P.S. Balrampur is present before this Court as per order dated 14/05/2019 and 17/05/2019 Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 22.05.2019

1. Notice, which has been issued earlier to respondent No. 5, is still awaited.

2. As per the direction issued earlier on 14/05/2019 and also on 17/05/2019, the concerned officer has produced the detenue, namely, Smt. Anita Nayak before this Court.

3. During the course of hearing, a specific question was made from the said detenue whether she has been wrongfully detained by respondent No.5 or not. In the said query, it was stated by her that she has not been detained wrongfully by him and in fact she is residing on her own wishes along with her parents.

4. Since the detenue has not been detained wrongfully by said respondent No. 5, as alleged by the petitioner, I am not inclined to entertain this petition.

5. This Writ Petition (Habeas Corpus) is accordingly dismissed. No order as to cost(s).

Sd/-d/- (Sanjay Agrawal) Vacation Judge Harneet