HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Petitioner Applicant Respondents. Hon' bleShri Dhirendra Mishra, & Hon' ble Shri R.N. Chandrakar, JJ Writ Petition (HC) No. 4999 of 2010 Kishan Lal Gabel, aged about 22 yers, son of Shri Hari Gabel, Caste - Kurmi, occupation - Driver (Heavy Motor Vehicle), R/o. Village Kumhari Kala, P.S. Baradwar, Distt. Janjgir - Champa (CG). Vs. 1. State of Chhattisgarh, through the Secretary, Deptt of Home Affairs, Dau Kalyan Singh Bhawan, Raipur (CG). Ac 2. Director General of Police, Police Head Quarter, Raipur (CG). 3. Superintendent of Police, Distt. Janjgir - Champa (CG). 4. Superintendent of Police, Distt. Raigarh 5. • Sub Divisional Magistrate, Sakti, Distt. Janjgir-Champa (CG). 6. Station House Officer, Police Station - Malkharoda, Distt. Janjgir-Champa 7. Station House Officer, Police Station - Kharsia, Distt. Raigarh (CG). 8. Ghanshyam Gabel, aged about 50 years, son of - Not known, R/o. Village Turekela, P.S. Kharsia, Distt. Raigarh (father of respondent No.10). 9. Smt. Noni Bai, aged about 45 years, w/o. Shri Ghanshyam Gabel, r/o. village Turekela, P.S. Kharsia, Distt. Raigarh (CG). (Mother of respondent No.10). Non-ApDlicantNo.1. 10. Smt. Seeta Gabel, aged about 22 years, w/o. ShriKishan Lal Gabel, r/o. village Turekela, P.S. Kharsia, Distt. Raigarh (CG). I 3^, ^^" ^^ Non-applicant No.2 Non-applicant No.3. 11. Heera Lal Gabel, aged about 50 years, s/o. Shri Bhagat Ram Gabel, r/o. vil;lage Pota Amandula, P.S. Malklharoda, Distt. Janjgjr - Champa (Uncleof respondent No.10). 12. Phool Kunwar, aged about 40 years, w/o. Shri Mohan Singh Gabel, r/o. village Pota Aman Dula, P.S. Malkharoda, Distt. Janjgir-Champa (CG). (Aunty of respondent No.10). 13. Mohan Singh Gabel, aged about 40 years, s/o. D.R. Gabel, r/o. village Pota Amandula, P.S. Malkharoda, Distt. Janjgir-Champa (CG). (Uncle of respondent No.10). (Writ Petition underArticle 226/227 ofthe Constitution of India) Present: Shri Sandeep Dubey, Advocate appears on behalf of Shri A.N. Bhakta counsel for the petitioner. Shri U.N.S. Deo, Govt. Advocate for the State. Non-Applcant No.4. ^ ORAL ORDER (Passedon 3-9-2010) Per Dhirendra Mishra.J. By this petition underArticle 226/227 of the Constitution of India, the petitioner has prayed for production of body of respondent No. 10 (Smt. Seeta Gabel) with the allegation that she has been illegally detained by by her uncle respondnet No.13. Learned counsel appearing for the petitioner submits that the petitioner has already filed an application under Sections 97 & 98 of the Code of Criminal Procedure, 1973 before the Sub Divisional Magistrate, Sakti and in pursuance thereof search warrant has been issued. However, the search warrant has not ,(r'".^l i.r .- - "^s^ been executed till date and the matter is fixed for 8th September, 2010 before the Sub Divisisonal Magistrate, Sakti. We have heard learned counsel for the petitioner, perused the proceedings before the Sub Divisional Magistrate, which is already ceased of the matter regarding production of respondent No.10. In these circumstances, the instant petition is disposed ofwith a direction to the Sub Divisional Magistrate, Sakti, to expedite the hearing of the petition. Certified copy today. Sd/- DhirendraMishra Judge Sd/- R-N.Chandrakar Judge ^ Raju