The rejection of a bail application and the lack of challenge to a judicial remand order render a habeas corpus petition unsustainable.

JUDGMENT :

1. Heard Sri Yogendra Singh, learned counsel for the petitioner and Sri Satendra Tiwari, learned AGA for the State and perused the record.

2. Before hearing the arguments on merits, learned AGA have objected regarding the ‘maintainability’ of instant Habeas Corpus writ petition, allegedly filed by Golu @ Arun Patel, the petitioner. Thus the Court has directed the counsel for the petitioner to advance his argument with regard to the ‘maintainability’ of the instant Habeas Corpus writ petition, at the admission stage itself, so that the same shall be decided at the threshold stage.

3. Before appreciating the arguments advanced by learned counsel for the petitioner with regard to the ‘maintainability’, it is imperative to spell out the ‘prayer’ sought by the petitioner in the instant habeas corpus writ petition coupled with the facts of the case, which has allegedly given rise to this writ petition:-

4. The prayer sought by the petitioner is that :

“i) A writ, order or direction in the nature of habeas corpus to direct the respondents to produce the corpus namely, Golu @ Arun Patel before this Hon’ble Court and to set free the corpus namely Golu @ Arun Patel at his own liberty in pursuance of the F.I.R. dated 16.02.2023 registered as Case Crime No. 41 of 2023, Sessions Trial No. 385 of 2023 under Sections 4,5 and 6 of the Prevention of Immoral Trafficking Act, Police State-Jaipura, District-Varanasi.

ii) An order or direction for compensation in favour of the petitioner and against the respondents.

iii) To pass an order of disciplinary enquiry against the erring officer.

iv) Any other writ order or direction, which this Hon’ble Court may deem fit and proper under the facts and circumstances of the case.

v) Award the cost of the petition in favour of the petitioner and against the respondents.”

5. Thus, from the prayer sought, it is apparent that the only prayer is sought is a direction to the respondent authorities to produce the corpus of petitioner Golu @ Arun Patel before this Court and thereafter to set free the corpus Golu @ Arun Patel at his own liberty, who is in judicial confinement pursuant to the FIR dated 16.02.2023 in case crime no. 41 of 2023 and facing the trial in S.T. No. 385 of 2023 under Sections 4, 5 and 6 of the Immoral Traffic (Prevention) Act 1956, P.S. Jaitpura, District Varanasi. There is neither any prayer nor any pleadings to this effect that the alleged judicial remand is absolutely illegal or suffers from the vice of lack of jurisdiction or has been passed in absolutely mechanical manner by the court concerned. Moreover, now the petitioner is facing the regular trial S.T. No.385 of 2023 and thus to canvass that the judicial remand is farfetched.

FACTUAL MATRIX OF THE CASE

6. On 16.02.2023 around 13.38 hours one Habiburrehman has lodged an FIR against unknown person for the incident said to have been taken place on 12.02.2023 under Section 363 IPC at P.S. Jaitpura, District Kashi (Police Commissionerate Varanasi) with the allegation that the informant is residing at adjacent lane, nearby Kohinoor Garden in a tenanted accommodation. Informant’s daughter V.P. (the name of the victim has been eclipsed) on 12.02.2023 went from her home without informing anybody and since then her whereabouts were not traceable and thus prayed that the police may help in searching his daughter V.P.. After lodging of the FIR the police has inquired from the informant Habiburrehman but the victim was recovered after 15 days. In her 161 Cr.P.C. statement was recorded and the same is annexed as Annexure No. 2A to the petition. In this 161 Cr.P.C., dated 25.02.2023, she declares that her age is 16 years and she further states in her 161 Cr.P.C. statement that she left her home on her own, without any information or knowledge to any of the family members in order to earn money. She went to Cantt. Railway Station Varanasi and started searching out work for her. At the Station she met with one Prakash. Prakash has made an offer that