Gender Tirkey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (HC) No. 24 of 2018 Gender Tirkey S/o Baburam Tirkey, Aged About 34 Years Occupation- Laborer, R/o Village Karwarjor, Block Lailunga, Police Station And Tehsil Lailunga, District Raigarh Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh Through Its Secretary, Department Of Women And Child Welfare, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

2. Secretary, Department Of Education, Mahanadi Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh.

3. Collector, Raigarh, District Raigarh Chhattisgarh.

4. District Project Officer, Department Of Women And Child Welfare, Raigarh, District Raigarh Chhattisgarh.

5. Child Welfare Committee, Raigarh, Through Its Chair Person, Raigarh, District Raigarh Chhattisgarh.

6. Thana In-Charge, Police Station Lailunga, District Raigarh (Chhattisgarh)

7. Superintendent Of Police, Raigarh, District Raigarh Chhattisgarh.

8. Head Master, Govt. Primary School, Village Dhengurjor, Police Station And Tehsil Lailunga, District Raigarh Chhattisgarh.

---- Respondents For Petitioner : Shri Amarnath Pandey, Advocate.

For Respondent/State : Shri UNS Deo, Government Advocate. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Prashant Kumar Mishra, Judge Order on Board Per Ajay Kumar Tripathi, Chief Justice 17/08/2018 1.

Heard counsel for the parties.

2.

From the report which has been tendered by the office of the Collectorcum-Chairman, District Child Protection Unit, Raigarh, the child is under

protection of the statutory authority under the Juvenile Justice (Care and Protection of Children) Act, 2000.

3.

In view of the same, we are satisfied that it is not a case where the son of the so-called Petitioner is under illegal detention where exercise of power of Habeas Corpus is mandated.

4.

The writ petition is dismissed.

Sd/- Sd/- (Ajay Kumar Tripathi) (Prashant Kumar Mishra) CHIEF JUSTICE JUDGE Amit