Patna High Court - Orders
Santosh Kumar Paswan vs The State Of Bihar Through The Principal ... on 16 July, 2014
Author: Samarendra Pratap Singh
Bench: Samarendra Pratap Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.654 of 2014
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Santosh Kumar Paswan, son of Vijay Kumar Paswan,
resident of Teacher's Colony, Mohalla-Rasulpur,
P.O.+ P.S.- Sahebganj, Distt-Sahebganj, Jharkhand
.... .... Petitioner
Versus
1. The State of Bihar through the Principal
Secretary, Department of Home, Govt. of Bihar,
Patna.
2. The Principal Secretary, Department of Home,
Government of Bihar, Patna
3. The Director General of Police, Bihar, Patna.
4. The District Magistrate, Bhagalpur.
5. The Senior Superintendent of Police, Bhagalpur.
6. The Station House Officer, Barari Police Station,
Distt-Bhagalpur.
7. Laxmi Das, son of Vishwanath Das
8. Snehlata Das, W/o Laxmi Das
9. Deepak Kumar Dinkar, son of Laxmi Das
All residents of Quarter No.MIG-92, Housing
Board, Barari, P.O.+ P.S.-Barari, District-
Bhagalpur.
.... .... Respondents
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Appearance :
For the Petitioner : Mr. Brajesh Kumar, Advocate
For the S t a t e : Mr. Prabhu Narayan Sharma, A.C. to A.G.
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CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI
and
HONOURABLE MR. JUSTICE SAMARENDRA PRATAP
SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE I. A. ANSARI)
2 16-07-2014Heard Mr. Brajesh Kumar, learned counsel for the petitioner, and Mr. Prabhu Narayan Sharma, learned Assistant Counsel to Advocate General, for the State.
Let the defects, pointed out by Registry in its noting, dated 14.07.2014, be ignored.
The grievance of the petitioner is, in brief, thus: Patna High Court Cr. WJC No.654 of 2014 (2) dt.16-07-2014 2/3
The petitioner is married to Nisha Bharti alias Lovely, daughter of Laxmi Das(respondent No.7), and out of their matrimonial ties, Pihu, aged about four years, was born, but they have been put to illegal confinement by respondent No.7, namely, Laxmi Das, in association with respondent No.8, namely, Snehlata Das, wife of Laxmi Das, and respondent No.9, namely, Deepak Kumar Dinkar, son of Laxmi Das.
Though the petitioner made an application, under Section 98 of the Code of Criminal Procedure (hereinafter referred to as "the Code"), addressed to the District Magistrate, Bhagalpur, seeking restoration of the abducted female persons, no action has been taken.
During the course of admission hearing of this writ petition, it has been submitted, on behalf of the petitioner, that since the confinement of the petitioner's wife and his daughter amounts to wrongful confinement, the petitioner ought to have made, and would make, an application, under Section 97 of the Code, seeking issuance of search warrant and, hence, this writ petition may be allowed to be withdrawn with liberty to make an appropriate application under Section 97 of the Code and also to approach this Court with appropriate application, in future, if so advised.
To the submissions, noted above, no serious objection has Patna High Court Cr. WJC No.654 of 2014 (2) dt.16-07-2014 3/3 been raised on behalf of the respondents.
In view of the above and in the interest of justice, this writ petition is disposed of as withdrawn with liberty granted to the petitioner as has been sought for.
Before parting with this writ petition, it is made clear that after making application under Section 97 of the Code, which the petitioner, now, seeks to make, the petitioner may furnish a certified copy of this order to the authority concerned, so that an order, as may be permissible in law, in the case at hand, may be issued by the authority concerned.
(I. A. Ansari, J)
(Samarendra Pratap Singh, J)
PNM
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