The Chhattisgarh High Court allowed a writ petition challenging the rejection of an application to attend a marriage ceremony. The court ordered the release of Petitioner No. 1 on parole in police custody from Jan 7 to 8, 2021.
Petitioner No. 1 allowed to attend marriage from 07/01/2021 to 08/01/2021 in police custody bearing all police expenses.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 2 of 2021
1. Mo. Junaid Memon, Aged about 34 years, S/o Mr. Mo. Haji Umar Memon.
2.Mo. Khalid Memon, Aged about 39 years, S/o Mr.
Mo. Haji Umar Memon.
Both are R/o H.No. 171/A, Cement Road, Anmol
Tower, Vaishali Nagar, Nagarpur Maharashtra.
Represented by Mr. Haji Hanif Memon, Aged about
52 years, S/o Late Haji Abubakar Memon, address
Telibandha,P.S.Telibandha,Raipur,
Chhattisgarh. R/o Mathpuraina, Rawatpura Colony,
Gali No. 5, In front of Choice Beauty Parlor,
Raipur, Chhattisgarh.
---Petitioners
Versus
1. State of Chhattisgarh, through its Secretary, Home Department, Mahanadi Bhawan, New Raipur, Chhattisgarh.
2. Collector/District Magistrate, Distt. Rajnandgaon, Chhattisgarh.
3. Station House Officer, Police Station Basantpur, Distt. Rajnandgaon, Chhattisgarh.
--- Respondents
For Petitioners |
:-Mr. |
Raza Ali |
, Advocate |
|---|---|---|---|
For State |
:-Mr. |
Animesh |
Tiwari, Dy. A.G. |
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Hon'ble Shri Justice Sanjay K. Agrawal Order on Board
06/01/2021
1.The two petitioners herein are in jail and are
facing trial for offences punishable under
Sections 420, 120-B read with Section 34 of the
Indian Penal Code, Section 4, 5 and 6 of Prize
Chits and Money Circulation Schemes (Banning
Act), 1978 and Section 10 of Chhattisgarh
Protection of Depositors Interest Act, 2005.
Petitioner No. 1 filed an application before the
Special Judge (Chhattisgarh ke Nipekshako ke
Hiton ka Sanrakshan Adhiniyam, 2005) for
allowing him to attend the marriage ceremony of
his sister's daughter namely Hajiyani Sayma from
06/01/2021 to 08/01/2021 at Raipur which was
rejected by the Special Judge citing the reason
that earlier his bail applications has been
rejected by this Court against which this writ
petition has been preferred.
2.Mr. Raza Ali, learned counsel for the
petitioners, would submit that the marriage
ceremony of petitioner No. 1's sister's daughter
namely Hajiyani Sayma is from 06/01/2021 to
08/01/2021 at Raipur, therefore, the petitioners
may be allowed to attend the same on police
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custody and they are ready and willing to bear
the expenses with regard to the conveyance and
stay of the police officers. He would rely upon
the decision of the Bombay High Court in the
matter of Manjulabai W/o Kisna Gulabe v. State
of Maharashtra1.
3. Mr. Animesh Tiwari, learned State Counsel, would submit that learned Special Judge is absolutely right in rejecting the application as only petitioner No. 1 has moved the application before the Court of Special Judge.
4. I have heard learned counsel for the parties and perused the records.
5. Since only petitioner No. 1 has moved the application before the Special Judge claiming to be the maternal uncle of Ku. Hajiyani Sayma, therefore, only his application is being considered.
6. The Bombay High Court in Manjulabai (supra) also released the petitioner therein on parole in order to attend the marriage ceremony of his sister's daughter.
1 2002 (3) Mh.L.J. 226
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7.It is the claim of petitioner No. 1 that his
real sister's daughter namely Ku. Hajiyani Sayma
is getting married at Raipur, therefore, on a
purely human consideration and in order to
enable him to perform necessary rituals,
petitioner No. 1 namely Mo. Junaid Memon is
allowed to attend the said marriage ceremony of
his sister's daughter from 07/01/2021 to
08/01/2021 in police custody subject to the
condition that petitioner No. 1 will bear all
the expenses of the police escort (as the S.P.,
Rajnandgaon deems fit) and will bear all other
expenses / provide all the necessary facilities
to the police escorts like conveyance, stay,
etc.
8. Accordingly, the instant writ petition is allowed the extent indicated herein-above.
9. A copy of this order be sent to the District Magistrate, Rajnandgaon and the Superintendent of Police, Rajnandgaon by e-mail/fax today itself for needful and compliance.
10. Certified copy today.
Sd/-
(Sanjay K. Agrawal)
Judge
Harneet
1 issue framed by the court
Whether并发布 to allow two petitioners in jail to attend a marriage ceremony in police custody.
Colour shows how this judgement treated each authority
Manjulabai W/o Kisna Gulabe v. State of MaharashtraReferred¶6
Manjulabai W/o Kisna Gulabe v. State of Maharashtra
Mo. Junaid Memon
Mo. Khalid Memon
State of Chhattisgarh
Sanjay K. Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court