1 2025:CGHC:28369-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 8 of 2025 Vijay Sahu S/o Shri Ramkumar Sahu Aged About 26 Years R/o Village Chamari (Banki) Police Station And Tahsil Mungeli District - Mungeli (C.G.) ... Petitioner versus 1 - State of Chhattisgarh Through The Secretary, Department of Home Affairs Mantralaya Atal Nagar, Nava Raipur District - Raipur (C.G.) 2 - The Inspector General of Police Mungeli Range, District - Mungeli (C.G.) 3 - The Superintendent of Police Mungeli District - Mungeli (C.G.) 4 - Station House Officer Police Station City Kotwali Mungeli District - Mungeli (C.G.) 5 - Smt. Gudiya Bai W/o Shri Vijay Sahu Aged About 24 Years R/o Vinoba Nagar, Mungeli Police Station And Tahsil Mungeli District - Mungeli (C.G.) (Presently Resided At Ward No. 19, Shanti Nagar, Rajgangpur, Sundargarh District - Sundargarh (Odisha) ... Respondents (Cause-title taken from Case Information System) For Petitioner : Mr. Pushpendra Kumar Patel, Advocate For State : Mr. Sangharsh Pandey, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 27.06.2025 1 Heard Mr. Pushpendra Kumar Patel, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing on behalf of the State. ANURADHA TIWARI Digitally signed by ANURADHA TIWARI Date: 2025.06.28 11:36:39 +0530 2 2 The present petition has been filed by the petitioner with the following relief(s):- “10.1 That, this Hon'ble Court, may kindly call for the entire record in relates to the case of the petitioner. 10.2 That, this Hon'ble Court, may kindly be pleased to issue a writ in the nature of habeas corpus, commanding / directing the respondent authorities to recover the minor child Hem Prakash Sahu (Aged about 05 years), from Respondent No. 05, and produce him before this Hon'ble High Court, in the interest of justice. 10.3 That, any other relief, this Hon'ble Court, deem fit and proper may also kindly be granted to the petitioner, in the interest of justice. 10.4 An affidavit in support of this petition is filed herewith.” 3 Learned counsel for the petitioner submits that the marriage between the petitioner and respondent No.5 was solemnized in the year 2018 and out of their wedlock, a male child was born. Due to some differences occurred between the petitioner and the respondent No.5, respondent No.5 started living separately from December 2022 at Vinoba Nagar Mungeli after leaving the minor child. Thereafter, on 29.02.2024, respondent No.05 has filed an application under Section 25 of the Guardian and Wards Act for custody of the minor child on 29.02.2024 before the learned 3 Family Court, Mungeli District Mungeli (C.G.), which was registered as C.S. No. 21-A/2024. The learned Family Court vide its judgment dated 03.09.2024, allowed the application and directed the petitioner to handover the custody of minor child to respondent No.5. Being aggrieved by the judgment dated 03.09.2024, he has filed the First Appeal (MAT) No.359/2024 before this Court along with an application for grant of stay. The Co-ordinate Bench of this Court vide its order dated 24.10.2024, admitted the appeal for hearing and vide order dated 23.01.2025, stayed the effect and operation of the judgment dated 03.09.2024, passed by the learned Family Court, Mungeli. The minor child was under the custody of petitioner (Father) and as per the oral direction of the Court, the petitioner has allowed respondent No.5 to meet minor child from time to time. 4 It has been argued by the learned counsel for the petitioner that on 11.06.2025, respondent No.05 came to the house of petitioner for meeting minor child along with two unknown persons in a Car and forcefully removed the custody of minor child and fled away from the house of petitioner on 11.06.2025 at 3.00 PM. Thereafter, the petitioner made a complaint to the Station House Officer, Police Station City Kotwali Mungeli on 11.06.2025 at 4.30 PM, but the concerned Police Station has not register the First Information Report, therefore, the petitioner made a written complaint and requested to take action, but the Officer concerned did not take any action. Thereafter, on 13.06.2025 at 2.00 PM, the petitioner 4 has made a written complaint to the Superintendent of Police, District Mungeli and requested to take appropriate action against respondent No.5 along with erring persons and to return the minor child from his wrongful detention. 5 Learned State counsel, on the other hand, has submitted the matter regarding custody of the child is subjudice before the Co- ordinate Bench of this Court, as such, no interference is warranted by this Court. 6 We have heard learned counsel appearing for the parties and perused the material available on record. 7 Considering the fact that the matter regarding custody of the child has been sub-judice before the Co-ordinate Bench of this Court in FA(MAT) No.359/2024, at this juncture, learned counsel for the petitioner submits that he may be permitted to withdraw this petition with liberty to take recourse to law, if so advised. 8 Accordingly, the present writ petition is dismissed as withdrawn with the aforesaid liberty granted in favour of the petitioner. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Anu