Manas Rathi Thru. His Father Vijay Kumar Rathi and 2 Others v. State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and 4 Others

Court No. - 16 Case :- HABEAS CORPUS WRIT PETITION No. - 205 of 2024 Petitioner :- Manas Rathi Thru. His Father Vijay Kumar Rathi And 2 Others Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 4 Others Counsel for Petitioner :- Abhyuday Misra,Sanjay Kumar Rao Counsel for Respondent :- G.A. Hon'ble Shamim Ahmed,J. Heard Sri Abhyuday Misra, learned counsel for the petitioner, Sri Ashok Kumar Singh, learned A.G.A.-I for the State as well as perused the record. The instant writ petition has been filed seeking following main relief:- "(I) Issue a writ order or direction in the nature of Habeas Corpus directing the opposite parties to produce the petitioner before this Hon'ble court and set her free to go and live as per her own choice." Learned counsel for the petitioner submits that the detenue is under illegal custody of the respondent nos.4 & 5. He further submits that in this regard, the petitioner has moved two applications before the Crime Branch, FASL Building, Mahanagar, Lucknow on 25.03.2024 and 10.05.2024 regarding missing of his son. He further submits that the petitioner has also moved an application before the Police Commissioner, Lucknow regarding missing of his son on 26.06.2024, however, till date no action has been taken either for lodging of first information report or for recovery of the son of the petitioner. On the other hand, learned A.G.A.-I for the State submits that since the petitioner has already moved the applications before the authorities concerned, therefore, he may pursue the same otherwise he has a remedy to move an application under Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 for lodging of the first information report. Thus, the relief sought in this writ petition cannot be granted. After considering the arguments as advanced by learned counsel for the parties as well as after perusal of record, this Court is of the view that since the petitioner has already moved the applications before the authorities concerned, however, till date no action has been taken, thus, he has a remedy to move an application under Section 175(3) Bharatiya Nagarik Suraksha Sanhita, 2023 for lodging of the first information report or he may avail any other remedy as per law for redressal of his grievance. With the aforesaid observations, the instant writ petition is disposed of. Order Date :- 22.7.2024 Saurabh High Court of Judicature at Allahabad, Lucknow Bench