Partly allowed

Smt. Bindu Gurjar v. State of Chhattisgarh and Ors.

Chhattisgarh HC4 Nov 2009WPHC/6314/2009

Case brief

AI extract

What is this about?

In this oral order, the Chhattisgarh High Court disposed of a writ petition under Article 226 seeking habeas corpus and directions regarding the custody of minor children. The court directed the Sub Divisional Magistrate to consider a pending application under Sections 97 and 98 Cr.P.C. The petitioner was not pressing relief A (habeas corpus).

What did the court decide?

Direction to Sub Divisional Magistrate to decide pending application under Sections 97 and 98 Cr.P.C.

Smt. Bindu Gurjar Vs State of… — Child Custody and Guardianship | Chhattisgarh HC (2009)

¶1

HIGH COURT OF CHHARTTISGARH^ATBILASPUR

¶2

Comm:- Writ Pet	Hon’ Hon’ ition [H	ble S ble S abea	hri Dhirenclra Mishra & hri R.N. Chandrakar, ^JJ s Corpus) ^{No.6314 of 2009}
Petitioner	:		Smt Bindu Gurjar, wife of Paras Ram, aged about 3O years, Occupation Service, Resident of Village Kharra, Pclice Station Odgi, Tahsil Surajpur, District ^Surguja(CG)
		Ver	sus
Respondents	:	1.	State of Chhattisgarh, through the Secretary, Department of Home, D.K.S. Bhawan, ^Raipur(CG)
		N	The Superintendent ^{of Police, District} Koriya (CG)
		w&0)U1J~	The Sub Divisional Magistrate, Surajpur, District Surguja (CG) The Station House Officer, Police Station Kelhari, District ^Koriya(CG) Paras Ram Gurjar, Son of ^Lallu Lal Gurjar, aged about 33 years Amit Gurjar, Son of Paras Ram Gurjar, aged about ⁵years
			Pushparaj Gurjar, Son of ^{Paras Ram} Gurjar, aged about 7 years, Respondent No.6 and 7 through guardian father respondent No.5 Paras Ram Gurjar. Respondents No.5 to ⁷are ^resident of \Village Chanwaridand, Police Station Kelhari, Tahsil Manendragarh, District ^Koriya(CG)

¶3

Comm:-

¶4

Writ Petition under Article 226 of the Constitution of India for issuance of writ in'the^{natureofHabeasCorpus} Present: Shri A.K. Shukla,^{counselforthe} petitioner. Shri U.N.S. Deo, G.A.^fortheState. Oral Order (Passed^{on4“ofNovember,2009)}

¶5

The petitioner^has tiled this petition under Article 226 of the Constitution of lndia for issuance of writ of habeas^corpusand has prayed^{forthefollowingreliefs:-}

¶6

A. “The Hon‘ble Court may graciously be pleased to issue a writ of habeas^{corpusdirectingthe}

¶7

respondents Police Cfficers to produce the minor children respondent No.6 and 7 along with respondent No.5 and looking to lhe welfare of the minor children their custody and kindly be handed over to the petitioner with. appropriate direction."

¶8

“That,

¶9

a command/direction may kindly be issued alternatively to consider and decide the: application of the petitioner under Section 97 and 98 of the Cr.P.C. pending before the respondent No.3.”

¶10

“Any other relief, as it may deem fit and proper in the facts and circumstances of the case along with cost of the petition.”

¶11

(2) Learned counsel for the petitioner submits that he is not pressing this petition with respect to relief (A). However, he prays for a

¶12

29.1 1 .2007.

¶13

the(3) respondentAccordingly, the instant petition is disposed of with a direction to‘ No.3-Sub Divisional Magistrate, Surajpur, District

¶14

decided. “K #W alreadyW;s — t ii Sd/— l " Dhirendra Misi11;a 1ii RN. CHANDRAKAR ‘ V Judge

Smt. Bindu Gurjar v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

Smt. Bindu Gurjar v. State of Chhattisgarh and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Baby T. Vargis Vs M.P. Housing Board and Ors.

Smt. Rekha Yadav Vs State of Chhattisgarh and Ors.

M/S Uniworth Ltd. Vs Comm.of Customs and Central Excise

Parsadi Ram Nishad Vs State of Chhattisgarh

State of Chhattisgarh and 4 Others Vs Geetanjali Constructions (Colonizer Developer and Builder) and 2 Others

State of Chhattisgarh and 4 Others Vs Geetanjali Costructions (Colonizer Developer and Builder) 2 Others