1 2025:CGHC:23330-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 6 of 2025 Manharan Lal Patel S/o Dharmu Patel Aged About 54 Years Resident Of Village Piparchhedi, Police Station Kasdol, District Balodabazar- Bhatapara (C.G.) ... Petitioner versus 1 - State Of Chhattisgarh Through- The Secretary, Home Department (Police), Mantralaya, Mahanadi Bhawan, Atal Nagar, Raipur, District Raipur (C.G.) 2 - Director General Of Police, Police Head Quarter, Atal Nagar, Nawa Raipur, District Raipur (C.G.) 3 - Inspector General Of Police, Raipur Range, Raipur, District Raipur (C.G.) 4 - Superintendent Of Police, District Balodabazar, District Balodabazar- Bhatapara (C.G.) 5 - Station House Officer, Police Station Kasdol, District Balodabazar- Bhatapara (C.G.) 6 - Goukaran Yadav S/o Khilawan Yadav Aged About 20 Years Resident Of Village Khudiyadih, Police Station Bilha, District Bilaspur (C.G.) ... Respondents For Petitioner : Mr.C.K.Sahu, Advocate For Respondents No.1 to 5/State : Mr.R.K.Gupta, Additional Advocate General BABLU RAJENDRA BHANARKAR Digitally signed by BABLU RAJENDRA BHANARKAR Date: 2025.06.13 10:45:54 +0530 2 Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha , Chief Justice 12.06.2025 1. Heard Mr.C.K.Sahu, learned counsel for the petitioner as well as Mr.R.K.Gupta, learned Additional Advocate General appearing for respondents No.1 to 5/State. 2. By way of this habeas corpus petition, the petitioner has prayed for following reliefs:- “10.1 That, this Hon'ble Court may kindly be pleased to allow this petition and issue of writ of Habeas Corpus. 10.2 That, this Hon'ble Court may kindly be pleased to pass an order by directing the police authorities to produce the daughter of petitioner before the Hon'ble Court from the custody of respondent No.6 and registered the crime, if the respondent No.6 make any other crime. 10.3 Any appropriate writ, direction or order may also kindly be passed in favour of the petitioner, which this Hon'ble court deems fit in the circumstances of the case.” 3. Brief facts of the case are that minor daughter of the petitioner namely Disha Patel, who is aged about 17 years and 03 months, was kidnapped by the respondent No.6 on 06.03.2025. The petitioner after receiving the information that the 3 respondent No.6 is abducted to the daughter of the petitioner, after making search, when she was not found anywhere, the petitioner made report to the respondent No.5 and the respondent No.5 has registered the crime on 07.03.2025 bearing Crime No.161/2025, but no action was taken by the said authority. When no action was taken in the FIR, the petitioner made complaint to the respondent No.4/SP on 26.03.2025 disclosing all the incident, but the said authority has also not taken any action and even after passing of about 02 months the police officer has not taken any action to find out petitioner's daughter neither they are serious about investigation. According to the sources, respondent No.6 has illegally detained the petitioner's daughter and the petitioner does not know anything about the girl, so she requested police officer to investigate in this direction, but the police officer shows no interest in investigation and has not made any significant effort to find out the petitioner's daughter and the petitioner along with his wife has visited the police station several times, but nothing happened. Hence, this habeas corpus petition. 4. Learned counsel for the petitioner submits that the petitioner is father of the Corpus, who is stated to be illegally detailed by respondent No.6-Goukaran Yadav S/o Khilawan Yadav. Hence, an appropriate direction be issued to produce the Corpus. 4 5. On the other hand, Mr.R.K.Gupta, learned Additional Advocate General appearing for respondents No.1 to 5/State submits that the Corpus had earlier also eloped with respondent No.6, for which an FIR was lodged by father i.e. the present petitioner, which was registered as case Crime No.110/2025 at Police Station Kasdol, District Balodabazar Bhatapara and thereafter the Corpus was recovered and her statement was recorded before the concerned Judicial Magistrate on 15.02.2025 in which she has stated that no crime has been committed by respondent No.6 herein and closure report was submitted in the said case on 15.05.2025 and now, the petitioner has lodged the present FIR in Crime No.161/2025 at the same police station for offence under Section 137(2) of the Bharatiya Nyay Sanhita, 2023 against unknown person, copy of which has been annexed as Annexure P-2 and the investigation is still in progress and as such, the present habeas corpus petition is not maintainable as the petitioner has already lodged an FIR for offence under Section 137(2) of the Bharatiya Nyay Sanhita, 2023 before Police Station Kasdol, District Balodabazar- Bhatapara. 6. We have heard learned counsel for the parties and perused the documents appended with writ petition. 7. Considering the fact that earlier also the FIR was lodged by the petitioner and closure report was submitted in that case and 5 subsequently again on 7.3.2025 FIR was lodged for the same incident, which is under investigation, the present writ petition (Habeas Corpus) is not maintainable and dismissed as not maintainable leaving it open to the investigating agency to bring the investigation to its logical end expeditiously. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Bablu