SMT. NIRMALA PATEL Vs. THE STATE OF CHHATTISGARH, THROUGH SECRETARY, HOME DEPARTMENT, MANTRALAYA, NAYA RAIPUR, DISTT. RAIPUR

JUDGEMENT

(1.) Habeas corpus "ad subjiciendum" means "that you have the body to submit or answer" which is called as Festinum Remedium - A speedy remedy, which has been sought by the petitioner in this instant case. The aforesaid writ of Habeas Corpus has been sought by the petitioner on the following factual backdrop: -

(2.) The petitioner has filed this writ petition stating inter alia that she and her husband are residents of Village Tilaervar, Police Station Dongargaon, Distt. Rajnandgaon and her husband went missing since 15-1-2016, his whereabouts are unknown to her since that date and she has lodged report to the official respondents but there is complete inaction and indifferent attitude on the part of the State and its authorities who have not taken any steps to find out her missing husband and she apprehends that respondents No.6 to 13 had taken away her husband and had done some wrongful act with him, as they used to harass her and her husband. It has been further pleaded that respondents No.6 to 13 have encroached upon the petitioner's land and started construction over it and they are very politically influential persons and had also withdrawn all the relations with the petitioner and her husband at village level. The petitioner further apprehends that respondents No.6 to 13 have murdered her husband Ramadheen and the police has only registered missing report and therefore appropriate writ of Habeas Corpus be issued by directing respondents No.1 to 5 to produce Ramadheen before this Court and also sought registration of criminal case against respondents No.6 to 13.

(3.) On being noticed, the State and its authorities have filed their return clearly stating inter alia that the petitioner and her husband have encroached upon the Government land on which a community hall has to be constructed by the Gram Panchayat but that could not be constructed on account of dispute being raised by the petitioner and her husband. Police Station Dongargaon has filed as many as three istegashas against the petitioner and her husband. Sarpanch of Village Tilaervar - respondent No.6 has also registered cognisable case against the petitioner and her husband on 11-6-2015 under Sections 294, 506 and 323 read with Sec. 34 of the IPC. A case under Sections 107 and 116 of the Crimial P.C. has also been registered vide Annexure R-6. It has been said that there is no violation of any fundamental right of the petitioner as alleged by her in the petition, rather the petitioner and her husband are rank encroachers upon the Government land and the petitioner has also filed complaint case before the Judicial Magistrate First Class, Rajnandgaon in which the Judicial Magistrate has directed for enquiry by order dated 17-9-2015 and enquiry report has also been submitted to the Judicial Magistrate which has been filed along with the return.