Sharad Kumar Kashyap v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 16 of 2019 • Sharad Kumar Kashyap S/o Shri Krishna Prasad Kashyap Aged About 52 Years R/o Village Bharvidih, Police Station-Ratanpur, District- Bilaspur, Chhattisgarh. ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Home (Police) Department, Mahanadi Bhawan, Mantralaya, New Raipur, Chhattisgarh.

2. The Inspector General Of Police Bilaspur, Chhattisgarh.

3. The Superintendent Of Police District- Bilaspur, Chhattisgarh.,

4. The Station House Officer Police Station, Ratanpur, District- Bilaspur, Chhattisgarh.

5. Sangeet Kashyap S/o Sushil Kumar Kashyap R/o Village Bharvidih, Police Station- Ratanpur, District- Bilaspur, Chhattisgarh. ---- Respondents _____________________________________________________________________ For Petitioners :

Shri Anil S. Pandey, Advocate For Respondents-State :

Smt. Fouzia Mirza, Additional Advocate General ______________________________________________________________________ Hon'ble Shri P. R. Ramachandra Menon, Chief Justice Hon'ble Shri Manindra Mohan Shrivastava, Judge Order on Board Per, Manindra Mohan Shrivastava, Judge 17.05.2019 1.

This Petition has been filed by the Petitioner seeking issuance of writ of Habeas Corpus on the pleadings that his daughter Ku. Arti Kashyap has been kept in illegal detention by Respondent No.5.

2.

On such allegation made in the writ petition, we directed the State to produce the detenue before this Court. The detenue has been brought by Shri Shyam Kumar Sidar, Station House Officer, of P.S. Ratanpur before this Court accompanied with her husband.

3.

We interacted with the detenue to find out whether she was illegally detained against her wishes under any compulsion or threat. She has clearly stated that she married Respondent No.5 - Sangeet Kashyap on 17.03.2019 and since then she is residing with her husband-Respondent No.5. She further states that there

is no compulsion on her nor is there any threat or any other kind of pressure exerted on her to stay with Respondent No.5. She is voluntarily residing after her marriage with Respondent No.5 and at the time when attempts have been made by her parents and the family members in the matrimonial house to take her back, she refused and told them she is not prepared to go back but to reside only with her husband.

4.

In view of the aforesaid statement of the detenue made before us, this writ petition is disposed off with the direction that the detenue is free to move along with her husband or wherever she wants to proceed. 5.

An apprehension was raised by the detenue that because of the resistance offered by her family members in the parental house, she or her husband may be harmed.

6.

In view of the aforesaid statement made before us, we would direct that the detenue and her husband-respondent No.5 be provided proper police protection to ensure that she undertakes safe visit upto her residence at Raipur. For this purpose, the police officer who brought her to the Court will ensure necessary safety.

7.

Petition is closed.

Sd/- Sd/- (P.R. Ramachandra Menon) (Manindra Mohan Shrivastava) Chief Justice Judge Chandra