Jayant Sukhnandan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (HC) No. 22 of 2018 • Jayant Sukhnandan, Aged about 42 years, S/o Late Vinay Kumar Sukhnandan, R/o Tilak Nagar, Chantapara, Bilaspur, Tehsil & District Bilaspur, Chhattisgarh. ---- Petitioner

Versus

1. State of Chhattisgarh, Through Secretary, Department of Home, Naya Raipur, District - Raipur, Chhattisgarh.

2. Inspector General, Bilaspur Range, Chhattisgarh.

3. Superintendent of Police, Bilaspur, Chhattisgarh.

4. Station House Officer, Police Station, Civil Lines, Bilaspur, Chhattisgarh.

5. Lucky Masih, S/o Avinash Masih, Aged about 19 years, R/o Suchitra Vihar, Mangla Civil Lines, Bilaspur, Chhattisgarh.

---- Respondents For Petitioner :

Shri Vaibhav P. Shukla, Advocate.

For Respondent Nos.1 to 4 :

Shri U.N.S. Deo, Government Advocate.

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Prashant Kumar Mishra Order on Board Per Ajay Kumar Tripathi, Chief Justice 30.07.2018 1.

Habeas Corpus petition was filed by the Petitioner for production of the body of his daughter who said to be under illegal detention of one Lucky Masih who is Respondent No.5.

2.

Based on the assertion, Superintendent of Police, Bilaspur was directed to file an affidavit. It emerges that both the accused as well as the daughter of the Petitioner are minor and they out of free will, have absconded at about 2.00 am of intervening night of 27.06.2018. Suspected love affair between the two is said to be the reason.

3.

Police case has already been registered. Investigation is going on. The last location of the mobile numbers available with the investigating authority are

being monitored and traced and the Police team is already on the job. 4.

In the above circumstances it is not a case of illegal detention against the will of the daughter of the Petitioner. Therefore, it is not a case of Habeas Corpus. However, Superintendent of Police, Bilaspur would be well advised to monitor the progress of the investigation and take steps for the earliest recovery of the minor daughter of the Petitioner.

5.

The writ application stands disposed off with the above observations and directions.

Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) Chief Justice Judge Brijmohan