Habeas corpus petition filed by wife to trace missing husband dismissed. Court held husband voluntarily left home after recording statement under Cr.P.C. and executing bond, so no cause for writ remains.
Direction to respondent authorities to trace husband was denied as husband left voluntarily.
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GAHC010193892021
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.)/24/2021
CHANDRANI BAGCHI
W/O SRI ABHIJIT BAGCHI, R/O KRISHNA NAGAR HILL SODE, P.S.JALUKBARI, GUWAHATI-781011, DIST- KAMRUP(M), ASSAM
VERSUS
THE STATE OF ASSAM AND 4 ORS
THROUGH THE SECRETARY TO THE GOVERNMENT OF ASSAM, HOME AND POLITICAL AFFAIRS DEPARTMENT, DISPUR, GUWAHATI-781006
2:THE DIRECTOR GENERAL OF POLICE ASSAM ULUBARI GUWAHATI-781007
3:THE COMMISSIONER OF POLICE KARMUP(M) PANBAZAR GUWAHATI-781001
4:THE OFFICER IN-CHARGE JALUKBARI P.O. AND P.S.-JALUKBARI GUWAHATI-781011
5:SHAMPA MANDAL W/O DEBASISH MANDAL D/O LATE SUSHAN CH NANDI R/O BHASKAR NAGAR A-BLOCK
P.S.-FATASIL AMBARI P.O.-BINOVA NAGAR
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GUWAHATI-78101
Advocate for the Petitioner : MR. S C BISWAS
Advocate for the Respondent : GA, ASSAM
BEFORE HONOURABLE MR. JUSTICE KALYAN RAI SURANA
ORDER
Date : 07-01-2022
Heard Ms. A. Borah, learned counsel for the petitioner as well as Mr. J.K. Goswami, learned Additional Senior Government Advocate for the State.
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JUDGE
Comparing Assistant
2 issues framed by the court
Whether the petitioner is entitled to a direction to trace her husband who voluntarily left home and was allowed to go freely after recording his statement.
Whether the habeas corpus petition survives given the missing person executed a bond and left voluntarily.
3 provisions across 3 enactments
Chandrani Bagchi
State of Assam
Director General of Police Assam
Commissioner of Police Kamrup(M)
Officer in-charge Jalukbari P.O.
Shampa Mandal
Kalyan Rai Surana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
