HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

WP(C) (HC) N o.14 of 2022

1. Smti. Prabha Rani Das, wife of late Dwaipayan Chakraborty, daughter of Sri Harendra Das, resident of North Singhinala, P.O. Salema, P.S.

Salema, District: Dhalai, Tripura.

…..Petitioner _V_E_R_S_U_S_

1. The State of Tripura, represented by the Secretary, Department of Home, Government of Tripura, New Secretariat Building, P.O.

Kunjaban, P.S. New Capital Complex, District: West Tripura.

2. The Child Welfare Committee, Unakoti District, Kumarghat, Tripura.

3. The Director, Social Welfare & Social Education, Ujan Abhoynagar, Agartala, West Tripura.

4. The Secretary, Government of Tamilnadu, Chennai, India.

5. The Chairman, Child Welfare Committee, Ranipet, Vellore-632402.

6. The Collector, Vellore District, Vellore-9.

7. The Commissioner, Department of Social Defence, Tamilnadu, Chennai-10.

8. The Medical Superintendent, Christian Medical College, Vellore-

632004, Tamilnadu, India.

9. The Hope House, 3/188, Shanthi Nagar, Kandipedu Panchayat, Katapadi-632106, Vellore, Tamilnadu.

…..Respondents BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA For Petitioner(s) : Mr. P. K. Biswas, Sr. Advocate.

Mr. P. Majumder, Advocate Mr. R. Nath, Advocate.

Mr. P. Biswas, Advocate.

For Respondent(s) : Mr. S. M. Chakraborty, A.G.

Mr. R. Datta, P.P.

Mr. S. Lodh, Advocate.

Mr. S. Majumder, Advocate.

Date of hearing : 28.01.2026 Date of judgment & Order : 04.02.2026 Whether fit for reporting : YES JUDGMENT & ORDER [Dr. T. Amarnath Goud, J]

Heard Mr. P. K. Biswas, learned senior counsel assisted by Mr. P.

Majumder, learned counsel appearing for the petitioner. Also heard Mr. S. M. Chakraborty, learned Advocate General assisted by Mr. R. Datta, learned P.P. and Mr. S. Lodh, learned counsel appearing for the respondents.

[2] The present petition has been filed under Article-226 of the Constitution of India, directing the respondents to cause investigation into the illegal detention of the minor daughter of the petitioner under the respondent Nos.8 & 9 and produce the relevant records to the subject matter of this proceeding to this Court for rendering justice. Further, to produce the minor daughter of the petitioner who is under illegal and forceful detention of respondent Nos.8 & 9 before this Court and to cause investigation in the complaint petition submitted by the petitioner before the learned Chief Judicial Magistrate, Kailashshar, Unakoti Judicial District, Tripura and to ensure fair and impartial investigation in the matter.

[3] This habeas corpus writ petition has been filed by the petitioner seeking following reliefs:

“(i) Admit this petition;

(ii) Issue RULE calling upon the respondents to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued directing the respondents and each of them to cause investigation into the illegal detention of the minor daughter of the petitioner under the respondent nos. 8 and 9;

AND (iii) Issue RULE calling upon the respondents to show cause as to why a Writ of Certiorari and/or in the nature thereof, shall not be issued directing the respondents to produce the records relevant to the subject matter of this proceeding to this Hon'ble Court for rendering considerable justice;

AND (iv) Issue RULE calling upon the respondents to show cause as to why a Writ in the nature of habeas corpus and/or any other appropriate writ/writs in the nature thereof shall not be issued directing the respondents and each of them to produce the minor daughter of the petitioner who is under illegal and forceful detention of respondents no. 8 and 9 before this Hon'ble Court;

AND (v) Issue RULE calling upon the respondents to show cause as to why a Writ of Mandamus and/or in the nature thereof, shall not be issued directing the respondents and each of them to cause investigation in the complaint petition submitted by the petitioner before the learned Chief Judicial Magistrate, Kailashahar, Unakoti Judicial District, Tripura and to en