2026:JHHC:24694-DB IN THE HIGH COURT OF JHARKHAND AT RANCHI Writ Petition (Cr.) (HB)(D.B.) No. 400 of 2026 ----- Pankaj Rana, aged about 38 years, son of Baijnath Rana, resident of village-Bandhbad, P.O-Maheshmunda, P.S-Gandey, District-Giridih, At present resident of-Steel Co., Argaghat Road, PO-Giridih, PS-Giridih(T), District-Giridih. ....... … Petitioner Versus 1. The State of Jharkhand, 2. Director General of Police, Jharkhand, Resident of Police Headquarters, DPRD Building, HEC, Dhurwa, P.O & P.S-Dhurwa, District-Ranchi, Jharkhand. 3. Superintendent of Police, Giridih, P.O & P.S & District-Giridih, Jharkhand. 4. Officer-in-Charge, Town P.S, Giridih, P.O & PS-Giridih, District- Giridih. 5. Ram Prasad Sharma, son of late Huro Mistri, resident of Village- Satgaliya, near Panch Mandir Gali, Makatpur, P.O-Giridih, P.S- Giridih(T), District-Giridih. 6. Malti Devi wife of Ram Prasad Sharma, resident of village-Satgaliya, near Panch Mandir Gali, Makatpur, P.O-Giridih, P.S-Giridih(T), District-Giridih. … … Respondents ------- CORAM: HON’BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON’BLE MR. JUSTICE PRADEEP KUMAR SRIVASTAVA ------- For the Petitioner : Mrs. Pinki Kumari, Advocate For the Respondents : Mr. Rahul Saboo, GP-II Mr. Abhilash Kumar, AC to GP-II ------ Order No.07/Dated: 17th August, 2026 1. This writ petition under Article 226 of the Constitution of India has been preferred for issuance of writ for habeas corpus. 2. We, on hearing the learned counsel for the petitioner on 09.07.2026, have issued notice upon the respondent nos.5 and 6. 3. Mr. Rahul Saboo, the learned GP-II waives notice on behalf of the respondent Nos.1 to 4. The learned State counsel has submitted that he has got instruction to file counter affidavit but the admitted fact as per the document appended in page-28, i.e., Annexure 4 to the memo of petition, the petitioner has already invoked the jurisdiction conferred to 2026:JHHC:24694-DB 2 the Court by filing Original Suit being O.S No.103 of 2025 in the Court of learned Principal Judge, Family Court, Giridih under section 7 and 25 of Guardians and Wards Act, 1890. Therefore, it has been submitted that the present writ petition may not be entertained. 4. Learned counsel appearing for the petitioner, upon this, seeks leave of this Court to withdraw the present writ petition with liberty to the petitioner to pursue the Original Suit being O.S No.103 of 2025. 5. It goes without saying that since the petitioner herein has invoked the jurisdiction conferred under section 7 and 25 of the Guardians and Wards Act, 1890 the right to pursue the same cannot be disputed. 6. Considering the prayer made on behalf of the petitioner, the instant writ petition is dismissed as withdrawn with liberty to the petitioner to pursue the Original Suit being O.S No.103 of 2025 pending in the Court of the learned Principal Judge, Family Court, Giridih without being prejudiced by the withdrawal of the present writ petition. 7. Pending I.As, if any, stands disposed of. (Sujit Narayan Prasad, J.) (Pradeep Kumar Srivastava, J.) Dated:17.08.2026. Sudhir