WIGHCOURTOF CHHATTISGARHATBILASPUR DB: Hon'ble Shri Dhirendra Mishra & Hon'bleShiTR.N.Shandrakar.UJ. W.P. fHabeas GorbusY No. 5654ffl009 Petitioners <-A. ResDondents ^fk (Deteny) 1. 2. 3. Vs. ;1:.. 2. 3. 4. 5. 6. 7. 8. 9. 10. Sint. Asha Mishra W/o Krishna Kumar MishFa, aged about 65 years, R/o ri))age- Ghursena, P.S. Nandgliat at present Katiyapara, Juna Bilaspur, P.%. ©jty Kotwali, TahsiliS DistFict Bilaspur (C.O.) Smt. Kalpana Mishra.Wto Mohan IVijshra, aged about 33 years, R/o KatiyaRarat Juna Bilaspur, P.S. Gity Kotwali, Tahsil & DistrictBilaspur(G.G.) Smt. Kishori Agnihotri VWo M^ Agnihotri, aged about ^6 ^ears, R/o Poliee Station Oity Kotwali, Nirala Nagar, Bilaspur (G.G.) State of <3titiattisgarh, through - l-fQrne Secretary, D.K.S. B&avan, Raipur(C.G.) Ihspectbr General of Police, Bilaspur Range, Bilaspur (C.G.) Superintenclent of Poljce, Bilaspuf, District Bilaspur(C.G;) Police Station City Kotwali, Bilaspur througrt S.H.O., City Kotwali, Bilaspur (G.G.) r Superintendent pf Police Crime Branch, Bilaspur(C^3.) Iqbal S/o not known, aged about 50 year&. -: ^: ; ' ..: : .:• , - . Ahmad S/o not known, aged about 40 years. . • , . ' ';;: ,. .: .^ Khomeshwar Deshmukh S/o Nutan Deshmukh, ased about 20years. Pappu Patel S/6 Chetan Patel, aged about 20 years. Bath R/o village Damoda, P.S. Pulgaon, DistrictDurg (C.G.) Mohan Mishra S/o K.K. IVIishra, aged about 40 years, R/o Katiyapara, Juna Bilaspur, Tahsil & Djstrict Bilaspyr(C.G^ ^ I;:SBtSi %»-«s JXK Writ PetLtion under Article 226 of fhe Constitution of Indi Present: Shri Vimlesh Bajpal,counsel forthe petltioners. Shri U.N.S. Deo, Govt. Advocate for the State. O R A L OR D E R (Passedon 16th Noyember, 2010) Per Dhirendra Mlshra.J 1. The petitioher No. 1 mother, petitionerNo. 2 wife and petitioner No. 3 sister of the missing person/respondent No. 10 Mohan Mishra have filed this petition under Article 226 of the Constitution pf india for issuance of writ of habeas corpus for production of IVIohan Mishra on allegatipn that he has been wrongfylly confined by respondent No. 6 to 9 for the purposes of extorting money. 2. On the other hand, it has been stated on behalf of the respondent/State that respondent No. 10 is mentally retarded and is missing since 15 January,2010. It has been furtherstated that they have madeefforts to trace out whereabbuts the missing person. Crime has also been registered against the respondent No.8 under crimeNo. 342/2009 and criminalcase is pending against him in the competent Court. However, the missing person'could not be traced out though the efforts are stilt going on. 3. Learned counsel for the parties jointly submits that this petition may be disposed of with direction to the concerned investigatlng officerof police station City Kotwali, Bilaspur to make sincere efforts to trace out the missing person Mohan Mlshra and the •petitioners should cooperate with the investigating officer in this regard. •'•'.•' •,'^,s»- :-;':';r^; '•^~-v" J' --"-'"-^' "•^; ( Vijay € 4. In view of the aforesaid submissions, the instant petitjon tg d|§p<^ed of with direction to the respondent No. 4/investigating officer of the policestation City Kotwali, Bilaspur to make everyeffort to trace out the missing person Mohan Mishra and we also dirent the petitioners to extend all cooperation to the concemed investigating offieer in search of Mohan Mishra. Sd/- Dhirendra Mishra ~ Judge Sd/- R.N. Chandrakar —. Judge ^K