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2013 Supreme(Cal) 299

JAYANTA KUMAR BISWAS, SUBAL BAIDYA
Murari Lal Sharma – Appellant
Versus
STATE OF WEST BENGAL – Respondent


Advocate Appeared:
For the Petitioners:Kamalesh Jha, Advocate.
For the Respondents:Shyamal Sanyal, Anuj Singh, Sounak Sengupta, Rajarshi Dutta, Surya Prakash Sharma, Advocates.

Judgment :-

Jayanta Kumar Biswas, J.

The petitioners in this WP under Article 226 of the Constitution of India dated April 26, 2013 are seeking the following principal relief:-

“a) Pass appropriate writ, order and/or directions particularly in the nature of Habeas Corpus directing the Respondents 2 & 3 to get the minor Khushi Sharma and Aditya Sharma children of Late Sandeep Sharma released, who have been remained under illegal custody of Respondents Nos. 4 to 11, and hand them over to the petitioners.” The second and third respondents referred to in prayer (a) of the W P are the following:-

“2. Station House Officer, Police Station: Chandni Chowk, Delhi-110006.

3. Incharge of Police, Police Station: Regent Park, P.O.: Naktalla, Kolkata 700 047.”

The petitioners had a son called Sandip. The fourth respondent Sunita was married to Sandip. Out of the wedlock a female child and a male child were born. Sandip died on October 6, 2010. In September 2011 Sunita left the matrimonial home with her children. Then she married the fifth respondent Gangeswar on June 21, 2012.

The sixth respondent Sharda is Gangaswar’s sister. The seventh respondent Ramesh is Sharda’s husband. The eighth respondent K











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