Gautam Kurrey v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPHC No. 29 of 2018 • Gautam Kurrey S/o Shri Ranjit Kurrey Aged About 26 Years R/o Village Sheonandanpur, Main Road Bishrampur, Police Station Bishrampur, Tehsil Surajpur, District Surajpur, Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through Secretary, Home Department (Police) Mahanadi Bhawan, Naya Raipur, District Raipur Chhattisgarh

2. Director General Of Police Raipur, District Raipur, Chhattisgarh

3. Inspector General Of Police Sarguja, Range, Ambikapur, District Sarguja, Chhattisgarh

4. Superintendent Of Police Surajpur, District Surajpur, Chhattisgarh

5. Station House Officer Police Station Bishrampur, Tehsil Surajpur, District Surajpur, Chhattisgarh

6. State Of Madhya Pradesh Through Secretary Home Department (Police) Mantralaya, Vallabh Bhavan Bhopal District Bhopal Madhya Pradesh

7. Director General Of Police Bhopal District Bhopal, Madhya Pradesh

8. Superintendent Of Police, Rewa, District Rewa Madhya Pradesh

9. Station House Officer Chorhata, District Rewa Madhya Pradesh 10.Anil Singh Chouhan S/o Late Shri Rajbhan Singh Chouhan Aged About 48 Years R/o Minus Colony, Qtr. No. 165, Bishrampur, Police StationBishrampur, Tehsil- Surajpur, District- Surajpur, Chhattisgarh 11.Smt. Meena Singh Chouhan W/o Anil Singh Chouhan Aged About 43 Years R/o Minus Colony, Qtr. No. 165, Bishrampur, Police Station- Bishrampur, Tehsil- Bishrampur, District- Surajpur, Chhattisgarh 12.Ankit Singh Chouhan S/o Anil Singh Chouhan Aged About 28 Years R/o Minus Colony, Qtr. No. 165, Bishrampur, Police Station- Bishrampur, Tehsil- DistrictBishrampur, District- Surajpur, Chhattisgarh 13.Aditya Singh Chouhan S/o Anil Singh Chouhan Aged About 20 Years R/o Minus Colony, Qtr. No. 165, Bishrampur, Police Station- Bishrampur, TahsilDistrict- Bishrampur, District- Surajpur, Chhattisgarh 14.Smt. Alka Singh Chouhan W/o Gautam Kurrey Aged About 24 Years D/o Anil

Singh Chouhan, R/o Munus Colony, Qtr. 165, Bishrampur, Police StationBishrampur, Tehsisl- District- Bishrampur, District- Surajpur, Chhattisgarh. (After Marriage, R/o Village- Sheonandanpur, Main Road Bishrampur, Police Station- Bishrampur, Tehsil- Surajpur, District- Surajpur ---- Respondents For Petitioner :

Shri Surfaraj Khan, Advocate For State :

Shri Rajnish Singh Baghel, Dy.A.G.

For Respondent No.14 :

Shri A.S.Kachhawaha, Advocate Hon'ble Shri Justice Manindra Mohan Shrivastava Hon'ble Smt. Justice Rajani Dubey Order On Board 28/01/2019 This Habeas Corpus petition is filed by Mr. Gautam Kurrey. The petition contains an allegation that he had an affair with the respondent - Alka Singh Chouhan (since married) and the petitioner and the said Alka Singh, both are major and had voluntarily decided to marry and also solemnized marriage on 19/11/2018. However, the parents of Alka Singh are not inclined to accept this relationship and Alka Singh has been kept confined in the house against her wishes. This Court had issued notices to respondents and the police was directed to produce the girl - Alka Singh before us.

2.

Respondent No.14 - Alka Singh Chouhan presently appears before us. We enquired from her and she appears to be quite emphatic in stating that she has married Mr. Gautam Kurrey voluntarily without any pressure and further that she is not inclined to stay with her parents anymore and she would be going along with Mr. Gautam Kurrey being his wife.

3.

This Court granted both the parties time to discuss the matter and then again

appeared before us. The matter was taken in camera proceedings at 1:20 PM in the Court. Alka Singh Chouhan remains firm on her statement and stated that she would like to go along with Mr. Gautam Kurrey. Gautam Kurrey, who is present in the Court states that he and Alka have married and marriage certificate has been produced before us in the records of the case.

4.

In view of the emphatic statement made by Alka Singh that she is no longer interested in staying with her parents, this Court hereby orders that Alka Singh Chouhan be set free and she may go wherever she wants to go and none of the respondents shall create any impediment in her free movement to go anywhere including the company of the petitioner - Mr. Gautam Kurrey. 5.

This petition is accordingly disposed off with aforesaid directions. Alka Singh Chouhan was brought before this Court by Shri D.K.Singh, CSP, Surajpur, Shri Manoj Dwivedi, Head Constable (35), Police Station - Bishrampur, District - Surajpur and Shri Asif Akhtar, Constable (69), Police Station - Bishrampur. Sd/- Sd/- (Manindra Mohan Shrivastava) (Rajani Dubey) Judge Judge Deepti