Jai Kumar Jaiswal v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 19 of 2015 • Jai Kumar Jaiswal S/o Late Shri Bajrang Prasad Jaiswal, Aged about 36 years, R/o Dayalband, Gandhi Chowk, Police StationCity Kotwali, District Bilaspur, Civil And Revenue District Bilaspur, (Chhattisgarh) ---- Petitioner

Versus

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

2. Superintendent of Police, Raipur, District Raipur, (Chhattisgarh)

3. Station House Officer, Police Station- Ganj, District- Raipur, (Chhattisgarh)

4. Rajendra Kumar Sharma, S/o Prakash Chand Sharma, Aged About 55 Years R/o In front of Ambedkar Hospital, Upon Bastar Art, Raipur, District Raipur, Civil And Revenue District Raipur, (Chhattisgarh)

5. Priyanka Sharma, W/o Jai Kumar Jaiswal, Aged about 29 Years D/o Rajendra Kumar Sharma, R/o In front of Dr. Ambedkar Hospital, Upon Bastar Art, Raipur, District Raipur, Civil And Revenue District Raipur, (Chhattisgarh) ---- Respondents ------------------------------------------------------------------------------------------ For Appellant :

Shri Awadh Tripathi, Advocate For Respondents- 1, 2 and 3/ State :

Shri Ashish Shukla, GA For Respondent- 5 :

Shri Nishikant Sinha, Advocate Petitioner and Respondent- 5 are present in the Court ------------------------------------------------------------------------------------------

WPHC 19 of 2015 Hon'ble Shri Justice P. Diwaker & Hon'ble Shri Justice Inder Singh Uboweja

ORDER

28.08.2015 Per P. Diwaker, J.

1) This petition has been filed by the petitioner styled as Writ Petition Habeas Corpus for production of his wife, respondent- 5 herein.

2) According to the petitioner, he is languishing in jail since 2010, but when he was released on parole on 19.10.2012, he married respondent- 5 in Arya Samaj, Raipur and then again went back to jail. Recently, the petitioner has been released again from jail on parole, but respondent- 4, father of respondent- 5 is not permitting respondent- 5 to live with him. 3) In this petition, the petitioner has prayed that respondents- 2 and 3 be directed to produce his wife, respondent- 5 before this Court, who has been illegally detained by respondent- 4. It has also been prayed by the petitioner that respondent- 4 be restrained from creating any obstacle between him and respondent- 5 for living together.

4) Shri Nishikant Sinha submits that though marriage of respondent- 5 has been solemnized with the petitioner, but she is residing at Raipur with her father, respondent- 4, as the petitioner was in jail. He further submits that yesterday

WPHC 19 of 2015 Police came to the house of respondent- 4, recorded his statement as well as the statement of respondent- 5. Respondent- 5 has already informed the Police that there is no pressure on her by respondent- 4, her father. She has also informed the police that she is willing to go with the petitioner. Respondent- 5 present in the Court submits that her father too has stated before the Police that if his daughter, respondent- 5 wants to live with the petitioner, he has no objection.

5) Considering the fact that respondent- 5 is willing to live with the petitioner and there is no pressure on her, no further order is required from this Court.

6) The petition is accordingly disposed of.

Sd/- Sd/- (P. Diwaker) (I.S.Uboweja) JUDGE JUDGE padma