KALLU KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Instant writ appeal has been preferred by the appellant/petitioner under Sec. 2 (1) of Madhya Prades Uchch Nyayalaya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 taking exception to order dtd. 29/1/2020 passed by learned writ Court in W.P.No. 1714/2020; whereby, petition (habeas corpus petition) preferred by appellant/petitioner has been dismissed.

(2.) Precisely stated facts of the case are that appellant as petitioner preferred a writ petition under Article 226 of the Constitution of India vide W.P.NO. 24982/2019 in the nature of Habeas Corpus with the allegations that corpus-Tamanna(sister of petitioner), a minor girl aged 16 years being kidnapped by respondents No. 5 to 8. Later on, corpus was produced by police and she expressed her willingness to live with her parents and accordingly her statement was recorded before the Principal Registrar of this Court and she was released to live at her maternal home. Police registered a case vide Crime No. 381/2019 for offence under Sec. 376 of IPC and Sec. 3/ 4 of POCSO Act and charge-sheet was filed against accused persons and trial was pending at the relevant point of time.

(3.) It is further alleged that on 1/12/2019, respondent No. 5 again kidnapped the corpus, therefore, fresh complaint was lodged. Since police refused to take any action on the said complaint, therefore, complaints were made to higher Police Authorities and thereafter, instant writ petition (Habeas Corpus) was filed.