2026:CGHC:14002-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 4 of 2026 Shesh Prasad Patel S/o Kunjram Patel Aged About 39 Years R/o Chingrajpara, Near Laxmi Chowk, Police Station - Sarkanda, District -

Bilaspur, Chhattisgarh.

... Petitioner(s)

versus

1 - State Of Chhattisgarh Through The Secretary, Home Department ( Police), Mantralaya, Mahanadi Bhawan, Atal Nagar, Nawa Raipur, District - Raipur, Chhattisgarh.

2 - Inspector General Of Police Bilaspur Range, District - Bilaspur, Chhattisgarh.

3 - Superintendent Of Police Bilaspur, District - Bilaspur, Chhattisgarh.

4 - Station House Officer Police Station Sarkanda, District - Bilaspur, Chhattisgarh.

5 - Smt. Sunita Kaiwart W/o Nanu Verma R/o Madhuban, Dayalband Muktidham Road, Bilaspur, District - Bilaspur, Chhattisgarh. Mobile No.

7415238978

6 - Rinku Sahu R/o Naharpara, Near Liquor Shop, Village - Birkona, 7 - Golu Sahu R/o Chantidih, Police Station - Sarkanda, District -

... Respondent(s)

For Petitioner(s) : Mr. Anukul Biswas, Advocate For Respondent(s) : Mr. S.S. Baghel, G.A.

Hon'ble Shri Ramesh Sinha , Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge Judgment on Board Per Ramesh Sinha , Chief Justice

24.03.2026

1. Heard Mr. Anukul Biswas, learned counsel for the petitioner. Also heard Mr. S.S. Baghel, learned Government Advocate for respondents / State.

2. The instant writ petition has been filed by the petitioner seeking issuance of an appropriate writ, order or direction in the nature of Habeas Corpus, directing the respondent authorities to trace and recover the petitioner's minor daughter aged about 17 years who has been missing since 18.02.2026 and further sought directions directing to the respondent police authorities to trace the private respondents No.5 to 7 through their mobile numbers and other technical surveillance methods and take appropriate legal action against them.

3. Learned State counsel submits that on the basis of the complaint made by the petitioner, and FIR has already been registered and investigation is underway. As such, the present petition is not maintainable.

4. Having heard learned counsel for the parties and upon perusal of

the material available on record, this Court is of the considered

opinion that once the competent police authorities have already

registered the FIR and the investigation is in progress, the extraordinary jurisdiction of this Court is not required to be invoked at this stage. The relief sought by the petitioner, namely tracing and recovery of the minor girl, squarely falls within the domain of the investigating agency.

5. In this context, the Hon’ble Supreme Court in the matter of Kanu Sanyal v. District Magistrate, Darjeeling (1973) 2 SCC 674, has held that a writ of habeas corpus is maintainable only where there is a prima facie case of illegal detention. In absence of any material indicating that the missing person is under unlawful detention, and when the matter is already under investigation pursuant to registration of FIR, the writ petition is not maintainable.

6. In absence of any such material, and when the matter is already under investigation pursuant to registration of FIR, this Court finds that the present writ petition is not maintainable.

7. Accordingly, the present writ petition, being not maintainable at this stage, is hereby dismissed Sd/- Sd/-

(Ravindra Kumar Agrawal) (Ramesh Sinha Judge Chief Justice

Manpreet