Jammu and Kashmir High Court
WP(Crl)/52/2022 of RAJU Vs DEPUTY INSPECTOR GENERAL OF POLICE UDHAMPUR REASI RANGE UDHAMPUR AND OTHERS on 31 December 2022
JAMMU & KASHMIR AND LADAKH AT JAMMU WP(Crl) No. 52/2022 Raju petitioner/Appellant(s) Through :- Mr. Pawan Kumar Hans, Advocate V/s Deputy Inspector General of Police Udhampur & Ors. ….Respondent(s) Through :- Mr. Sumit Bhatia, GA Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI
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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP(Crl) No. 52/2022
Raju
petitioner/Appellant(s)
Through :- Mr. Pawan Kumar Hans, Advocate
V/s
Deputy Inspector General of Police ….Respondent(s)Udhampur & Ors.
Through :- Mr. Sumit Bhatia, GA
Coram: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE
ORDER 31.12.2022
Petitioner-Raju, who claims himself to be the husband of one Bano Begum has filed this writ petition seeking issuance of writ of Habeas Corpus for producing her before this Court.
It has been alleged in the petition that on 22.07.2022, the said Bano Begum went to the shop near his house and after some time, when she did not return back, the petitioner and his family members enquired from the local as well as the relatives and also made a missing report with police of Police Station, Ramnagar. It is further submitted that from some sources, the petitioner came to know that she has been kidnapped by respondent No.4 in conspiracy with respondent Nos. 5 to 7 and that his wife was even out of UT of J&K. He further alleged that since she is in illegal custody, therefore, she is required to be produced before the Court.
SHO Police Station, Ramnagar has produced the C.D file, which reveals that the said Bano Begum, who is claimed to have been detained illegally, has been found to be residing with her parents, which cannot be said to be an illegal detention. The petitioner on his own has shown that she is his wife and has been kidnapped.
In view of the above, the instant petition is dismissed, however, the petitioner is at liberty to take recourse to the remedies as are available to him under law.
C.D file has been returned to the I.O in the Court.
(Vinod Chatterji Koul) Judge
Jammu: 31.12.2022 Vijay