§ IN THE HIGH COURT OF JUDICATURE AT BILASPUR (C.G.) .- . WRIT PETITION No.- ”3‘1 /2003 H f f PEITIONER: ' Sanjay Kumar Dhote, S/o Shri Santosh Dhote Aged about 24 years, R/o Nayamunda Ward, P.S.-B0dhghat, Jagdalpur, District-Bastar (CG) VERSUS 1. State of Chhattisgarh, through the Principal Secretary, Department of Home, D.K.S. Building, Raipur (C.G.) 2. Distn'ct Magisnjate Jagdalpur, District Bastar, (C.G.) 3. The Director'General of Police Police Head Quarter Raipur Distti Raipur (C.G.)’ 4. Sub — Divisional Magistrate Jagdalpur, District ~ Bastar (C.G.) 5. Superintendent of Police , Jagdalpur, District— Bastar (C.G.) 6. Station House Officer l Police Station — Bodhghat v. Jagdalpur, District? Bastar (C.G.) 7 Shri Ram Suresh Singh aged about 50 years, R/o iélayamunda Ward, Jaigurudev Gali, Jagdalpur, District Bastar (C.G.) r 8. Shri Jainendra Singh, S/o Shri Ram Suresh Singh aged about 28 years, R/o Village- Churia, P.S.— Lar, Distric‘t— Deveria, (U.P..) ' aged 9. Shri about Amnendra 20 years Singh, R/o Villag‘eiJChintalnar, S/o Shri Ram Suresh P.S.— Singh Chinialnar, Dismc Bantewgaélce.) RhT PETITION UNDER ARTICLE 26/227 F THE CONSTITUTIO W N OF INDIA FOR ISSUING A WRIT IN THE NATURE OF HABEAS CORPUS. > l 1. PARTICULARS OF THE PETITIONER: 4 l L T f w “Mum Bench:— Hen‘b!e Shri K.H.N. Kuranga, CJ. 11nd Hnn'hlg Shri I, If Bhndnn .T. ‘ 17.06.20G3 Shi’i Alck Dewangan, counse! fcr The pefifiener. Shri Ranbir Singh, Gcv‘r. Advoc‘xfe for respondenfs 1j To 6. Heard bofh fhé counsel. This Habeas “Corpus pefifior has been filed by The pefh‘iener men‘l'ioning ‘H‘ierzin fha‘l‘ Vandana‘ Sir gh Dhofe was married 1‘0 him an 11f“ October, 2002, befare a Specie! Mwr‘iage Officer, Jagdaipur; Afi'er' fhe marriage, responden‘r No.9 came +0 flie pe‘iifiener‘s hcuse and fock Vandana Singh Dhofe ‘i'o her parenfal hcuse :aying Thai her mpfher is seriousiy iii. Afierr'gef‘ring fhe permission fram The p'e‘i'ii'ioper she wen? aiong wifh respondeni‘ No.9 far a week. When si’ e did nci' cahie back f0 ihe pefiiioner's house afier a week' nar she' seni' any m'éssage +0 The pefi’rioner, fhe pefi‘i‘ioner inquired aboui' her ané rqen he came To knew fha‘i‘ They had deiivered a false'message of her mofher's iiiness and They have deTained her because respondenTs, ’I' TO 9 have de ided To re-marry her wiTh a person of Their awn cheice. The peTiTioner Tri d To conTacT respondenfs 7 To 9 and ‘\ / )G-HC-ZZ 311w m W 7 wV.B m m m mmm 111% ‘ XI-HC-22 your wife otherwise we will kiH y . In These circumstqnces, fhis Habeas Corpus petifion was, filed by #he pe h‘ianer. On hearing fhz learned tau el far fhe pe'rifioner- on 25m April, 2003, nofice was issued 1'0 respondenfs 1'0 9 and +hereuf1'er, on 19’ May, 2003, ‘ responder}? Na.5, The Superin‘rend n? of Poiice, Jagdalpur was direcfed 'fo search fhe girl and produce her fore +his Cour‘i on 09.05.2003. On 9m May, 2003, Mr.D.R.Achia, C.S.P., ‘ gdaipur, was present before fhis Cour? i ' and submif‘red fhaf Police has bee depu‘ied fa Trace fhe girl} Thereafi'en yesferday i.e. on 16.06.2003,, Vandumo Singh Dhofe appeared herseif before ‘yhe Cour? and Mr. DR. Achia, C.5.P. was also present before 'ihe Cour‘l'. ’ Yesferdoy i.e. on 16.06.2003, Vandono Singh Dhofe made a sfoi'emen‘l' before The Courf Tha‘f she wem‘ ”o her aunf’s house on her own wifhouf felling her parenfs, because offer 2-3'doys of The marriage, Sanjay Kumar Dhofe, The pefifioner herein. was asking for money over phone and sfor‘l‘ed harassing her. ’fhaf is why she lefi for her aunf's house wifhouf felling her paren‘isand since Then, she was residinggwifh‘her ounT aT Village: BahTura in The STafe of UTTar Pradesh. She furTher sToTed ’rhaf nobody has wrongfully Xl-HC-22 V E . W \ WW’W w ?(L3%1 2003 ‘ ‘uu.‘q...‘nuunu.‘u~‘..“‘uco.o; m mm > WW . WWW ' » ‘ Wm§wm §7amm ~3 d ‘ + \ she éesiding wii’h her‘aunf her; wiH r cam‘ined her, she was an own wiH and now wams 1‘0 reside wifh her parenfs’and she does nof wan‘r To reside wifh fhe pefifioner‘. She soughf one day's finne‘ far piecing a” This on record in wrifing § and accordingly; one day’s Time was granied To her ’rill foday. Now, she has piaced all fhese facfs in wr'ii'ing suppor‘i'ed by an affidavit of her.