2024:CGHC:47032-DB NAFR Digitally HIGH COURT OF CHHATTISGARH AT BILASPUR signed by BABLU BABLU RAJENDRA RAJENDRA BHANARKAR BHANARKAR Date:

2024.12.02

10:27:22 WPHC No. 22 of 2024 +0530 Budhram Madkam S/o Pojja Madkam Aged About 39 Years R/o Village- Puvarti, Block- Konta, Police Station- Jagargunda, District- Sukma, C.G.

... Petitioner versus

1 - State Of Chhattisgarh Through Chief Secretary, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, C.G.

2 – Secretary, Department Of Home, Mantralaya, Mahanadi Bhawan, Atal Nagar, Naya Raipur, District Raipur, C.G.

3 - Collector Biijapur, District Biijapur, C.G.

4 - Superintendent Of Police, Bijapur, Distt. Bijapur, C.G.

... Respondents For Petitioner : Ms.Rajni Soren, Advocate For Respondents : Mr.Shashank Thakur, Dy.A.G.

Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Amitendra Kishore Prasad, Judge

Order on Board

Per Ramesh Sinha , Chief Justice

29.11.2024

1. On a mention being made urgently in the morning by Ms.Rajni Soren, learned counsel on behalf of the petitioner as two detenue have been taken on 14.11.2024 by the police personnel and their whereabouts could not be known, hence, the matter is urgently listed in List-1 supplementary list and taken up for hearing.

2. Heard Ms.Rajni Soren, learned counsel for the petitioner as well as Mr.Shashank Thakur, learned Deputy Advocate General appearing for the respondents/State.

3. The petitioner has filed this writ petition (Habeas Corpus) with following reliefs:-

(i) Issue a writ of Habeas Corpus directing the respondents to produce Jogi Madkam and Dhanni Madkam before the Hon’ble Court at the earliest;

(ii) Pass any other order the Hon’ble Court may deem fit in the interest of justice.”

4. Learned Deputy Advocate Geneal appearing for the respondents/State submits that he has received instructions from the concerned police station and it is stated that so far as detenue Jogi Madkam is concerned, she has been arrested by the police on 28.11.2024 and the FIR has been registered against her along with 4 other persons for offence under Sections 111(2) (b) & 111(4) of the Bhartiya Nyay Sanhita, 2023 and Sections 4 & 5 of Explosive Substance Act at the concerned police station and her remand has also been taken by the Chief Judicial Magistrate, Bijapur, District Bijapur, copy of the FIR and copy of the remand order dated 28.11.2024 have been produced, which are taken on record and so far as other detenue namely Dhanni Madkam, who was niece of the petitioner is concerned, it is stated by learned Deputy Advocate General that she was not taken into custody by the police personnel along with Jogi Madkam.

5. In view of the same, the present writ petition (Hebeas Corrpus) is dismissed with liberty to the petitioner to take recourse to law if so advise for redressal of his further grievance.

Sd/- Sd/-

(Amitendra Kishore Prasad) (Ramesh Sinha)

Judge Chief Justice Bablu