@ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. W. P. (Habeas Corpus) No. 5590 of 2008 ETITIONER: lnda! Singh Sahu, son of Iate Mehttar Sahu, aged about 38 years, resident of Village Dervri (Kha), Post Vinayakpur, Tehsi! Gunderdehi, District Durg (C.G.) Versus State of Chhattisgarh, through the Secretary, Ministry of Home, D.K.S. Building, Raipur. 2. The Sub Divisional Magistrate, Durg (City) District Durg. ’ 3. The Station House Officer, Police Station Anda, Distt. Durg (C.G.) Suman Dhritlahr’e", son of Chhabil Das Dhritlahre, aged about 28 ' years, resident of Village Devri (Kha), .Post Vinayakpur, Tahsil Gunderdehi, District Durg (C.G.) 5. Arya Samaj Mandir, Kohka, Through Manager, ‘Supela, District Durg (C.G.) RESPONDENTS : WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA Present: Shri Dinesh Tiwari, learned counsel for the petitioner. Shri U.N.S. Deo, Government Advocate for the State / respondents No.1 to 3. ORDER (15‘ October, zoos) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on admission. P Q9 2. Petitioner Indal Sinh Sahu, father of Ku. Thumeshwari Sahu has filed this Habeas Corpus petition for the following reliefs: “7 (i) A writ and/or an order in the nature of writ of Habeas Corpus do issue commanding and directing the respondent State Authorities to produce said Ku. Thumeshwari before this Hon’ble Court, who is presently in the custody of respondent No.4 and thereafter grant custody of her to the petitioner in the facts and circumstances of the case. (ii) A writ and/or an order in the nature of writ of mandamus do issue directing the respondent authorities to take action against the respondent — Arya Sanaj Mandir, Kohka‘ Supela, Bhilai in the facts and circumstances of the case. (iii) Cost of proceedings. (iv) Any other relief as this Hon'ble Court may be pleased to grant.“ 3. The petitioner is seeking a writ of Habeas Corpus to respondents No.1 to 3 for ' production of his daughter Ku.Thumeshwari Sahu. 4. From the order dated 05-08—2008, passed by the Sub Divisional Magistrate, Durg (Annexure P/2), it is gathered that the petitioner's daughter Thumeshwari Sahu was produced before the Sub Divisional Magistrate, Durg and on being asked by the said Magistrate, she declined to live with her parents. The Sub Divisibnal Magistrate considering the observations made in the order dated 11-08-2008, passed in M.Cr.C. (A) No.318/2008 holding that Thumeshwari Sahu was aged about 19-20 years in View of the reportlopinion of the Radioiogist, permitted the petitioner’s daughter Thumeshwari Sahu to live in accordance with her own will. 5. As the petitioner’s daughter Thumeshwari Sahu is now alleged to be living with respondent No.4 Suman Dhritlahre in view of the order dated 05-08-2008, passed by the Sub Divisional Magistrate, Durg, the petitioner’s remedy lies in challenging the said order before an appropriate forum under the relevant provisions of law. 6. With the above observation, the writ petition stands disposed of. ‘ 'Sunil Kumar Sinha Judge . Sd/- l L . l. l Chief Justice l sal— subbu S