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2026:CGHC:15296-DB Digitally signed by SAGRIKA SAGRIKA AGRAWA L NAFR

AGRAWAL Date:

2026.04.06

10:43:57 +0530 HIGH COURT OF CHHATTISGARH AT BILASPUR

WPHC No. 8 of 2026 Parkhit Ram Yadav S/o Mayaram Yadav Aged About 40 Years Resident

Of Village- Girgira P.S. Chandrapur District- Sakti (C.G.)

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through Its Secretary Department Of Home Mahanadi Bhawan Atal Nagar, Raipur District- Raipur Chhattisgarh

2 - The Collector Sakti District- Sakti (C.G.)

3 - Superintendent Of Police Sakti District- Sakti (C.G.)

4 - Station House Officer Through Police Station Chandrapur District-

Sakti Chhattisgarh ... Respondent(s)

For Petitioner(s) : Mr. Manoj Kumar Jaiswal, Advocate For Respondent(s) : Mr. Priyank Rathi, Govt. Advocate

Hon'ble Shri Ramesh Sinha, Chief Justice Hon’ble Ravindra Kumar Agrawal, Judge

Order on Board

Per Ramesh Sinha, Chief Justice

02 .04.2026

1. Heard Mr. Manoj Kumar Jaiswal, learned counsel for the

petitioner. Also heard Mr. Priaynk Rathi, Govt. Advocate for

respondent/ State.

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2. By way of this petition, the petitioner is seeking appropriate

direction to the respondent authorities to consider the complaint dated 30.01.2026 and to release missing his minor daughter, aged about 17 year, and 08 month (petitioner's daughter) at the

earliest and filed this petitioner with the following relief:-

“10.1 That, this Hon'ble Court may kindly be pleased to allow habeas corpus writ petition, in the

interest of justice.

10.2 That, this Hon'ble Court may kindly be pleased to issue writ of habeas corpus with direction to respondent authorities to take appropriate legal action on missing FIR No. 20/2026 dated 24.01.2026 and to release his minor daughter (xxx) in custody of the petitioner from custody of unknown kidnapper person at the earliest, in the interest of

justice.

10.3 Any other relief which may be suitable in the facts and circumstances of the case, may also be

granted.”

3. The brief facts of the present case are that the petitioner, has

approached this Court seeking appropriate directions in respect of his minor daughter, aged about 17 years and 08 months, who went missing on 23.01.2026 after leaving for Saraswati Pooja at Government High School, Girgira (Sidhwa Bhantha), but did not return home thereafter. Upon lodging of a missing report, the concerned Police Station Chandrapur, District Sakti (C.G.) registered FIR No. 20/2026 dated 24.01.2026 under Section

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137(2) of the B.N.S., 2023 (corresponding to Section 363 IPC) against an unknown person for the offence of kidnapping (Annexure P-2). However, despite lapse of more than two months, no effective investigation has been carried out by the police authorities, and no progress has been made in tracing the minor girl, causing immense mental agony and hardship to the petitioner and his family. Being left with no efficacious alternative remedy, the petitioner has preferred the present petition seeking directions to the respondent authorities to conduct a proper investigation and secure the safe recovery of his minor daughter at the earliest.

4. Learned counsel for the petitioner would submit that the minor

daughter of the petitioner, aged about 17 years and 08 months, who is a student of Class 12th, has been missing since 23.01.2026 when she had gone to attend Saraswati Puja at her school, and despite prompt lodging of FIR No. 20/2026 dated 24.01.2026 under Section 137(2) of the B.N.S., 2023 (kidnapping), the respondent police authorities have failed to conduct any effective or meaningful investigation to trace and recover the minor girl. The inaction and apathy on the part of the authorities, even after lapse of more than two months, is arbitrary, illegal and violative of the petitioner’s fundamental rights, causing immense mental agony, hardship and deprivation of love and affection to the petitioner and his family members. It is further submitted that the minor girl continues to remain out of the lawful

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custody of the p