The Patna High Court dismissed a writ petition where the petitioner alleged illegal confinement of his minor children by his in-laws in Assam. The court held the application misconceived as the petitioner had a statutory remedy under the Code of Criminal Procedure.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1556 of 2022
Arising Out of PS. Case No.- Year-0 Thana- District- Bhojpur
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OM PRAKASH Son of Sri Bharat Ram Resident of Village - Yatampur, Sohra, P.S.- Krishnagarh, Saraiya, District - Bhojpur at Ara
... ... Petitioner
Versus
... ... Respondents
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Appearance :
For the Petitioner : Mr. Indu Bhushan, Advocate For the Respondent State: Mr. P.N.Sharma, AC to AG
====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH
and HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)
aged five years and three years, are in illegal confinement of private respondents No. 5 to 8 in the district of Lakhimpur in Assam. The said private respondents are in-laws of the petitioner.
Patna High Court CR. WJC No.1556 of 2022(2) dt.19-12-2022 2/2
In our opinion, this writ application is wholly misconceived. According to the petitioner’s case, his children are in illegal confinement in the State of Assam. We are not inclined to entertain the writ application as the petitioner has statutory remedy under the provisions of Code of Criminal Procedure.
This application, in our opinion, is misconceived and is accordingly dismissed.
(Chakradhari Sharan Singh, J)
( Chandra Prakash Singh, J)
Pawan/-
U
1 issue framed by the court
Whether the High Court should entertain a writ application claiming illegal confinement of minor children by in-laws in another state when the petitioner has a statutory remedy under the Code of Crimi
Om Prakash
The State of Bihar through the Director General of Police, Bihar, Patna
The Inspector General of Police, Patna Range, Patna
The Superintendent of Police, Bhojpur at Ara
The Station House Officer, Krishnagarh, Saraiya
Rajia Khatoon
Chakradhari Sharan Singh
Chandra Prakash Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
