Smt. Shweta Tiwari v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (Habeas Corpus) No. 27 of 2018 • Smt. Shweta Tiwari, W/o Tusar Tiwari, aged about 33 years, R/o Bhadra Para, Gayatri Mandir Road, Balco Nagar, Korba, Tahsil & District Korba (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, Through : Secretary, Ministry of Home Affairs, Mantralaya, Mahanadi Bhavan, New Raipur, District Raipur (C.G.)

2. Superintendent of Police, Janjgir, District Janjgir-Champa (C.G.)

3. Station House Officer, Police Station Janjgir, District Janjgir-Champa (C.G.)

4. Smt. Aruna Tiwari, Wd/o Late Triyoginarayan Tiwari, aged about 62 years, R/o Chandaniyapara, Near Kali Mandir, Janjgir, Police Station Janjgir, District Janjgir-Champa (C.G.) ---- Respondents For Appellant :

Ms. Pritha Ghoshal, Advocate.

For Respondent Nos.1 to 3/State :

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

Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Justice Parth Prateem Sahu Judgment on Board Per Ajay Kumar Tripathi, Chief Justice 04.10.2018 1.

Husband of the Petitioner namely Tusar Tiwari has appeared before this Court alongwith the two children in terms of the direction issued by this Court upon the Superintendent of Police, Janjgir, District Janjgir-Champa on 14.09.2018. 2.

Since the father is as much as natural guardian of the children and the children has been produced in the custody of the father, therefore, it cannot be a case

any longer that they are being held up illegally or detained by a person not authorized in law.

3.

This Habeas Corpus petition, therefore, stand dismissed. The issue of custody of children can be sorted out before the appropriate Court as per law. 4.

This Court appreciates the quick response shown by the Superintendent of Police, Janjgir, District Janjgir-Champa (C.G.). Sd/- Sd/- (Ajay Kumar Tripathi) (Parth Prateem Sahu) Chief Justice Judge Brijmohan