Deepu Gupta @ Deepu Kumar @ Dipu Kumar v. The State of Bihar through the Secretary, Department of Home, Govt. of Bihar, Patna
Case brief
What is this about?
Habeas corpus writ for production of missing wife rejected as abuse of process; costs imposed. Parties: Deepu Gupta @ Deepu Kumar @ Dipu Kumar (petitioner, Begusarai); respondents include State of Bihar (Home Department), DGP Bihar, IGP Central Range, SSP Patna, S.H.O. Kadam Kuan PS, UIDAI, and Kanchan Mala Gupta. Facts: marriage 15.07.2013; victim Rakhi Gupta missing since 19.06.2017; FIR under Sections 498(A) and 364 IPC (PS Case No. 259/2017, Kadamkuan, Patna) at instance of victim's mother; petitioner's own complaint not registered; arrest; chargesheet 20.09.2017; trial after framing of charge; earlier writs CrWJC No. 1594 of 2017 (order dt. 06.09.2017, Annexure 'P/3') and CrWJC No. 2591 of 2017 (Annexure 'P/5'). Held: repeated criminal writ petitions are an abuse of the process of the Court; writ totally misconceived and misdirected; dismissed with cost of Rs.2,000/- payable to Patna High Court Legal Services Committee within four weeks. Bench: Rajeev Ranjan Prasad and Kumar Manish, JJ. Keywords: habeas corpus; missing person; concealment; Section 498(A) IPC; Section 364 IPC; chargesheet; framing of charge; abuse of writ process; dismissal with costs.