SHRIRAM GUPTA Vs. RAMJI SHARMA GUPTA

JUDGEMENT

(1.) The petitioner has filed this habeas corpus petition under Article 226 of the Constitution of India for the release of Anil Gupta. Petitioner contended that on 5.2.2005 respondent No. 1 Ramji Sharan Gupta who is father-in-law of missing Anil Gupta, respondent No.2 Mukesh Gupta who is son of respondent No. 1 and respondent No.3 Pinky Gupta, who is wife of missing Anil Gupta have detained his son Anil Gupta and on filing complaint he was released from the custody of the respondents No. 1 to 3 on 12.2.2005. It is alleged that thereafter again respondents No. 1 to 3 have illegally detained the son of the petitioner with a view to fetching sum of Rs.5 lakhs.

(2.) In reply the respondent-State has stated that there is dispute between wife Pinky Gupta and husband Anil Gupta. On the report of missing by the petitioner a crime No. 44/05 has been registered and the police is trying to search the said missing person Anil Gupta, but he is not available. It is further submitted that both parties have lodged various complaints against each other. It is further contended that respondent No.3 Pinky Gupta wife of missing Anil Gupta had also filed a petition under Section 125, Cr.P.C. for maintenance and Judicial Magistrate First Class, Seondha, District Datia in MJC No.22/2004 vide order dated 17.1.2005 has granted maintenance at the rate of Rs.500/- per month to the wife Pinky Gupta. The case was also contested by son of the petitioner before the Judicial Magistrate First Class, Seondha, District Datia.

(3.) The police has also stated that wife Pinky Gupta has also filed a complaint about demand of dowry by missing husband as well as his family members and a crime No. 135/04 has been registered at Police Station, Inderganj, Gwalior and charge-sheet has been filed under Section 498-A/34 of IPC against the said missing person Anil Gupta and his family members.