Petitioner sought habeas corpus for his son held by his mother. Court found since mother is natural guardian with lawful custody from criminal proceeding, no ground for writ exists. Petition dismissed.
Petition for habeas corpus dismissed with liberty to avail other remedies.
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IN THE HIGH COURT OF JUDICATURE AT BILASPUR fC.G.) W.P.(HabeasCorpus).No. /j < of 2014
BETWEEN
Bhoj Singh, aged about 33 years, S/o shri Shankar Singh Verma, Occup. Shiksha Karmi, Address Village: Amora, PoliceStation: Nandghat, Post office: Sambalpur, Teshil: Navagarh, District:
Bemetara, C.G.
^^^
PETITIONER
AND
The State Of Chhattisgarh,
Through the Secretary Department of Home,
Zero Point, New Mantralay, P.S. Mandir hlasaud, Naya Raipur,
C.G.
The Collector
District Bemetara, Coilectorate Office Bemetara,
District Bemetara
The Superil'itendent of Police,
District: Bemetara, C.G.
^' Sub Divisional Magistrate,
, Tehsil: Bemetara, District: Bemetara C. G.
Town lnspe£tor,
1 Police Station Nandghat, District: Balodabazarfcej^t^aydie^•Bh&tapara, C.G.
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RESPONDENTS WRIT PETniON UNDER ARTICLES 226 OF THE CONSTnUJION OF (NDfA
.:i.11
7'
IN THE HIGH COURTOF CHHATTISGARH. BILASPUR
DIVISION BENCH
HON'BLE MR.T.P. SHARMA & HON'BLE MR. I.S. UBOWEJA. JJ
W.P. (Habeas Corpus) No. 45 of 2014
Petitioner
Bhoj Singh
versus
Respondents State of Chhattisgarh and others.
Wi- teMSnlBintl6rAr1ticlesa22fiffitNieyConstitution of India
l^gpearance:
^r''"'.
i?rfM!a
Mr. Rakesl'iSahUisedunsel for the petitioher.si s Mr. RarnakaWMishariDeputy Advocate Geheral for the State/res[>adcientSiN|o. 1 to 6 on advance notice. Responele("it?|* )^71,Tiot noticed.
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T.P. Sharma. jws-fs^saff"
By this petition, the petitioner has prayed for issuance of writ in the nature of habeas corpus for production of his son Deepanshu, who is in custody of respondent No.7 i.e. wife of the petitioner, who has obtained the custody of her son Deepanshu in a criminal proceeding. Petition and annexures perused. The alleged detenue is in custody of his mother, whois natural guardian that too on the basis of criminal proceeding. Therefore, we do not find any ground for issuance of writ in the nature of habeas corpus.
^ ^ ^^^^r
Vijay
Consequently, the petition is liable to be dismissed and is hereby dismissed reserving liberty to the petition to avail the — remedy available under the law.
SdA I.S. Uboweja Judge
Sd/" T.P.Sharma Judge
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1 issue framed by the court
Whether issuance of habeas corpus is maintainable when the child is in custody of a natural guardian pursuant to a criminal proceeding.
1 provisions across 1 enactments
Bhoj Singh
State of Chhattisgarh
Smt. Jageshwari
T.P. Sharma
I.S. Uboweja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
