Asad Ahmed Zunjani v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 28 of 2019 • Asad Ahmed Zunjani S/o Late I.A. Zunjani Aged About 51 Years R/o AS/78, Agyeya Nagar, Bilaspur PS Civil Line, Tahsil and District Bilaspur Chhattisgarh. ----Petitioner

VERSUS

1. State of Chhattisgarh through The Secretary Department of Home, Mantralaya, Raipur Chhattisgarh.

2. Director General of Police, Police Head Quarter, Raipur

3. Inspector General of Police, Bilaspur Range, Bilaspur

4. Superintendent of Police, Bilaspur

5. Station House Officer, Police Station Civil Line, Bilaspur C.G

6. Amarkant Awasthi, aged about 65 years, Retired Agricultural Development Officer, B-5, Third Wing, CB Hights Sarju Bagicha, Bilaspur, Tahsil & District Bilaspur -------Respondents For Petitioner : Mr. Saleem Kazi, Advocate For Respondents/State : Mr. Sudeep Agrawal, Deputy A.G. Hon'ble Shri P.R. Ramachandra Menon, Chief Justice Hon'ble Shri Parth Prateem Sahu, Judge Order on Board Per P.R. Ramachandra Menon, C.J.

24/10/2019

1. The petitioner moved to this Court with the following prayers: "10.i The petitioners most respectfully pray to this Hon'ble Court to issue writ of habeas-corpus to the respondent authorities to produce the petitioner's wife Smt. Sarah Ahmed and daughters Sara and Zara, at the earliest, in the interest of justice.

10.ii Any other relief(s) that this Hon'ble Court may deem fit under the facts and circumstances of the case."

2. When the learned counsel for the petitioner confronted with absence of plea

as to any 'illegal custody' or confinement in respect of the alleged missing of the wife and children, but for the "clue" stated as received that it may be at the instance of father-in-law and other family members, which does not disclose any actionable cause to issue a writ of 'Habeas Corpus', the learned counsel seeks for permission of this Court to withdraw the matter without prejudice to rights and liberty to pursue appropriate remedy in accordance with law, raising the pleadings and prayers in a better manner.

3. Permission is granted.

4. Writ petition is dismissed as withdrawn.

Sd/- Sd/- (P.R. Ramachandra Menon) (Parth Prateem Sahu) Chief Justice Judge Pawan