JAYMATI SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This writ petition has been filed by the petitioner for issuance of a writ in the nature of habeas corpus, directing the respondents/authorities to produce her missing daughter, Juhi Sahu, before this Court.

(2.) The petitioner has filed this writ petition stating inter alia that Juhi Sahu is her daughter, her marriage was solemnized with respondent No. 7 in the year 2011 because of love affair between them. They were blessed with a female child, but after some time, respondent No. 7 and his family members started raising suspicion upon Juhi Sahu alleging that she is suffering from evil soul. Therefore, they used to torture her physically and mentally. Juhi Sahu always informed about such incidents to the petitioner. On 8/12/2018, Juhi Sahu made a complaint before Mahila Police Thana, Bilaspur, against her husband and family members. During counselling, respondent No. 7 agreed to take her with him and keep her peacefully. On 10/2/2019, respondent No. 7 took her to his house at about 12.00 noon, but from that day onwards, there is no information about the well being of Juhi Sahu. Respondent No. 7 also did not communicate anything to the petitioner. Even, he did not inform the police in this regard. On the basis of information given by the petitioner, missing report No. 6/2019 has been registered by the police. The petitioner has apprehension that her daughter might have been killed by the respondent No. 7 and his family members. Despite the complaint made by the petitioner to the Superintendent of Police, Bilaspur and the Inspector General of Police, Bilaspur, the police has not taken any action for search of Juhi Sahu, and therefore, the petitioner has filed the present writ petition.

(3.) On being noticed, the respondents No. 1 to 6 (State authorities) have filed their reply, in which, they have stated that while investigating the missing report of Juhi Sahu, police interrogated the respondent No. 7 (husband of missing person) and his other relatives. Statements of relatives of both the sides of the missing person were recorded, but nothing substantive was found with regard to her whereabouts. During investigation, it was found that there was dispute between respondent No. 7 and his wife Juhi Sahu. Respondent No. 7 has also stated that after birth of their child, mental condition of his wife was not stable and she was facing Neuro- psychiatric problem, and therefore, she was under treatment for the same. Respondent No. 7 has also stated that his wife Juhi Sahu was in the habit of leaving home without informing family members. On 10/2/2019 at about 12.00 pm, she left the house, stating that she is going to deliver some dress to Jyoti madam at Mahila Police Station and, thereafter, she went missing. It has been further pleaded by the respondents that all possible attempts have been made to trace out the daughter of the petitioner, but nothing could be found. In call details also, nothing fruitful could be found. The matter is still being investigated by official respondents with all due diligence to trace out Juhi Sahu.