1 2026:CGHC:16287-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPHC No. 10 of 2026 Ramesh Kumar Sahu S/o Har Prasad Sahu Aged About 50 Years R/o Akhra Bhata Ward No. 10 Sakti, Distt. Sakti, Chhattisgarh. ... Petitioner(s) versus 1 - State Of Chhattisgarh Through The Secretary, Department Of Home Affairs, Mahanadi Bhawan, Nava Raipur, Atal Nagar, Chhattisgarh. 2 - The Superintendent Of Police Sakti, Distt. Sakti, Chhattisgarh. 3 - The Station House Officer Sakti, Distt. Sakti, Chhattisgarh. 4 - State Of Haryana Through The Secretary, Department Of Home Affairs, Haryana Civil Secretariat, Chandigarh. 5 - The Superintedent Of Police Distt. Palwal, Haryana. 6 - The Station House Officer P.S. Hathin, Distt. Palwal, Haryana. 7 - Subhash Kumar S/o Hukam Singh Aged About 30 Years R/o Din Nikar Mohalla, Ward No. 11, Village Mandnaka, Distt. Palwal, Haryana. 8 - Neelam Bisht W/o Subhash Kumar D/o Govind Singh Bisht, R/o Chc Rahra, Tehsil Hasanpur, Distt. Amroha, Uttar Pradesh. ... Respondent(s) For Petitioner(s) : Mr. Amit Kumar, Advocate For Respondent(s) : Mr. Priyank Rathi, Government Advocate Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal , Judge MANPREET KAUR Digitally signed by MANPREET KAUR Date: 2026.04.10 11:02:56 +0530 2 Judgment on Board Per Ramesh Sinha, Chief Justice 09.04.2026 1. Heard Mr. Amit Kumar, learned counsel for the petitioner. Also heard Mr. Priyank Rathi, learned Government Advocate for respondents / State. 2. The instant writ petition has been filed by the petitioner seeking for following relief: “10.1 That, this Hon'ble Court Kindly be pleased to Issue a Writ of Habeas Corpus or any other appropriate writ, order, or direction, commanding the Respondents No. 1 to 3 (Chhattisgarh State/Police) to produce the the detenu, Ananya Sahu, before this Hon'ble Court. 10.2 That, this Hon'ble Court may kindly be pleased to Issue a Direction to Respondents No. 4 to 6 (State of Haryana & Police) to provide all necessary logistical support, security, and cooperation Chhattisgarh Police authorities to facilitate the safe recovery of the detenu from the illegal custody of Respondent No. 7. 10.3 That, this Hon'ble Court Kindly be pleased to direct the Respondent authorities to set the detenu at liberty from the illegal confinement of Respondent No. 7 and restore her to the safe custody and guardianship of the Petitioner (her father). 10.4 That, this Hon'ble Court Kindly be pleased to direct direct the Police Authorities to provide adequate protection to the Petitioner and the detenu from any 3 threats or harassment by the Respondent no. 7 during and after the recovery process.” 3. Learned State counsel submits that on the basis of the complaint made by the petitioner, and missing report has already been registered as Missing Report No.108/2025 and investigation is underway. As such, the present petition is not maintainable. 4. Having heard learned counsel for the parties and upon perusal of the material available on record, this Court is of the considered opinion that once the competent police authorities have already registered a missing report and the investigation is in progress, the extraordinary jurisdiction of this Court is not required to be invoked at this stage. The relief sought by the petitioner, squarely falls within the domain of the investigating agency. 5. In this context, the Hon’ble Supreme Court in the matter of Kanu Sanyal v. District Magistrate, Darjeeling (1973) 2 SCC 674, has held that a writ of habeas corpus is maintainable only where there is a prima facie case of illegal detention. In absence of any material indicating that the missing person is under unlawful detention, and when the matter is already under investigation pursuant to registration of FIR, the writ petition is not maintainable. 6. In absence of any such material, and when the matter is already under investigation pursuant to registration of missing report, this Court finds that the present writ petition is not maintainable. 4 7. Accordingly, the present writ petition, being not maintainable at this stage, is hereby dismissed, with liberty to the petitioner to take recourse to law. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice Manpreet