1 2025:CGHC:34770-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 12 of 2025 Feku Lal Rajak S/o Late Gopal Prasad Rajak Aged About 61 Years R/o Ashok Nagar, Near Dls College, Ekta Colony, Bilaspur, P.S.- Sarkanda, Tahsil And District Bilaspur (C.G.) Mobile No. 6264599898 ... Petitioner(s) versus 1 - State of Chhattisgarh Through Secretary, Department of Home Affairs, Secretariat, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, District Raipur (C.G.) 2 - Director General of Police Police Headquarter, Raipur (C.G.) 3 - Inspector General of Police Bilaspur Range, Bilaspur (C.G.) 4 - Superintendent of Police District Bilaspur (C.G.) 5 - Station House Officer Police Station Sarkanda, District Bilaspur (C.G.) 6 - Prem Rajak S/o Bhagwat Rajak Aged About 23 Years R/o Navapara, Chakarbhata District Bilaspur (C.G.) ... Respondent(s) For Petitioner : Mr. Syed Afaque Hussain Rizvi, Advocate For Respondents/State : Mr. Sangharh Pandey, Govt. Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru , Judge Order on Board Per Ramesh Sinha, C.J. 22.07.2025 1. Heard Mr. Syed Afaque Hussain Rizvi, learned counsel for the petitioner as well as Mr. Sangharsh Pandey, learned Government Advocate, appearing for the State/respondents. ROHIT KUMAR CHANDRA Digitally signed by ROHIT KUMAR CHANDRA 2 2. The present petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking following reliefs :- “a) Issue a Writ of Habeas Corpus or any other appropriate writ, order, or direction, directing the Respondents, particularly Respondent No. 5/SHO Police Station Sarkanda, to produce Kumari- Deepanksha Rajak, daughter of the Petitioner, aged 17 years, before this Hon'ble Court forthwith b) Direct the Respondent authorities to conduct a thorough, fair, and expeditious investigation into FIR No.0713/2025 (Ann. P-4) registered at Police Station Sarkanda, Bilaspur, taking into account all the information and evidence provided by the Petitioner, including the role of Prem Rajak and his associates. (c) Direct the Respondent authorities to take immediate and stringent action against respondent No. 6 Prem Rajak and all other individuals found involved in the alleged kidnapping/illegal detention of the Detenue. (d) Direct the Respondent No. 4 (S.P., Bilaspur) to change the Investigating Officer in FIR No. 0713/2025 and appoint a new, competent, and proactive officer to ensure a swift and effective investigation. (e) Pass any other and further order(s) as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 3. From perusal of the prayers and pleadings made in the writ petition, it transpires that daughter of the petitioner, who is stated to be minor, had left her house on 16.05.2025, at approximately 3 05.00 PM without informing anyone and despite extensive searches by the petitioner and his family among relatives in the vicinity, the detenue could not be traced and hence, on 17.05.2025, an FIR bearing case Crime No. 0713/2025 was registered at Police Station, Sarkanda under Section 137(2) of the Bhartiya Nyaya Sanhita, 2023 (for short, ‘BNS’), against unknown person regarding the suspected kidnapping the detenue. 4. Considering the fact that there is already an FIR has been lodged under Section 137(2) of the BNS and the police is already investigation the case, hence, we do not find any good ground for interference in the present matter. 5. In view of the same, the present Habeas Corpus Petition is accordingly dismissed. However, since the matter relates to missing of a minor girl, we hope and trust that the police shall expedite the investigation for tracing out the missing minor girl. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice Chandra