Page 1 of 10

NAFR

HIGH COURT OF CHHATTISGARH, BILASPUR

WPHC No. 03 of 2021

Reserved on : 23.03.2021

Delivered On : 08.04.2021

Puneet Singh, S/o Indrasen Singh, Aged About 35 Years, R/o House No.

17/72, Subhash Nagar, Delhi, Pin- 110027.

--- Petitioner

Versus

1.

State of Chhattisgarh, through the Secretary, Home (Police)

Department, Mahanadi Bhawan, Atal Nagar, Nawa Raipur (C.G.)

2.

The Superintendent of Police Ambikapur, District- Surguja (C.G.)

3.

Harihar Singh, S/o Jhuri Singh, Aged About 61 Years.

4.

Meena Singh, W/o Harihar Singh, Aged About 58 Years.

Respondents No. 3 & 4 are R/o Near Syaan Sadan, Power House

(North) Namnakala, Ambikapur, District- Surguja (C.G.)

--- Respondents

________________________________________________________

For Petitioner

: Mr. Goutam Khetrapal, Advocate.

For State/Respondents No. 1 & 2 : Mr. Siddharth Dubey, Dy. G.A.

For Respondents No. 3 & 4

: Mr. Anurag Singh, Advocate.

________________________________________________________

DB: Hon'ble Shri P.R. Ramachandra Menon, Chief Justice &

Hon'ble Shri Narendra Kumar Vyas, J.

CAV ORDER

Per Narendra Kumar Vyas, J.

1.

The petitioner, who is father of child namely Rudransh Singh, aged

about six years, has filed this Writ Petition (Habeas Corpus)

under Article 226 of the Constitution of India for releasing

Page 2 of 10

detenue- Rudransh Singh from custody of respondent No. 3 & 4,

who are maternal grandfather and grandmother of detenue

respectively.

2.

The brief facts as projected by petitioner in this writ petition are as

follows:-

(a)

The marriage of the petitioner was solemnized with

Khushboo Singh. After marriage, she was appointed as Rural

Medical Assistant in Primary Health Centre, Boriya vide order

dated 01.02.2014 and out of their wedlock, one child- Rudransh

Singh was borne on 09.09.2014.

(b)

The petitioner was working outside the State of Chhattisgarh

at New Delhi. The deceased had gone to her matrimonial home

at New Delhi but, later on, she left for her place of posting and

was residing with her parents. The respondent No. 3 & 4 used to

mentally harass his wife, which compelled her to commit suicide

on 09.08.2020. It has been further contended that after suicide

committed by his wife, it has come to the knowledge of the

petitioner that deceased was sexually harassed by some person.

This fact is also within the knowledge of respondent No. 3 & 4.

(c)

The child- Rudransh Singh is living with his maternal

grand-parents.

The maternal grand-parents are not taking care

of Rudransh Singh.

The respondent No. 3 used to beat

Rudransh and also subjected him to cruelty and harassment in

order to grab money from the petitioner.

In view of above facts,

the petitioner has prayed that a writ in nature of Habeas Corpus

Page 3 of 10

be issued to respondent No. 2 for releasing detention of

Rudransh from custody of respondent No. 3 & 4 and to produce

him before this Court.

3.

Respondents No. 1 & 2 have filed their reply placing the

progress with regard to investigation of the crime, contending

that the Sub Divisional Officer (Police) has been directed to

investigate the matter on the strength of the complaint dated

02.11.2020 (Annexure P/3). It was further contended that since

Crime Investigation Department has already proceeded with the

complaint dated 02.11.2020 as such, Sub Divisional Officer

(Police) Ambikapur has not further investigated the matter. On

death of Khusboo Singh, Merg intimation No. 57/2020 has been

recorded, evidence has been collected and on the basis of

evidence, material collected during investigation, an offence under

Section 304(B) of IPC is made out,

therefore, First

Information report bearing serial No. 74/2021 has been registered

in Gandhi Nagar Police Station, District- Surguja on 05.02.2021.

4.

Respondents No.