Anil Singh Thakur vs State Of Chhattisgarh

On 27.09.2022, this Court had passed the following order :

“Heard Mr. Shaleen Singh Baghel, learned counsel for the petitioner. Also heard Mr. H.S. Ahluwalia, learned Deputy Advocate General, appearing for respondents No. 1 to 4.

The case projected in this Habeas Corpus petition is that petitioner’s minor son, aged about 15 years, namely, Vishwaraj Singh Thakur is in illegal detention of respondents No. 5 and 6. It is pleaded that date of birth of Vishwaraj Singh Thakur is 03.02.2007.

The petitioner and respondent No. 5 are residents of the same locality and the respondent No. 6 is the resident of Hirri Mines area.

It is alleged that on 23.07.2022, the son of the petitioner had gone missing and demand of Rs. 1 lakh was made by respondents No. 5 and 6. A sum of Rs. 80,000/-having been paid to them, they had handed over Vishwaraj Singh Thakur to him.

It is also pleaded that the son of the petitioner had gone missing from his house from 08.09.2022 once again. When the enquiries were made from respondents No. 5 and 6, this time, they threatened the petitioner with filing of false cases and also to kill him.

Mr. Ahluwalia submits, on instructions, that son of the petitioner had stolen certain jewelries from his mother and had fled from the house. Earlier occasion also he fled from his own house and contrary to what the petitioner says in the petition, son of the petitioner had returned back home on his own.

He has further submitted that investigation further reveals that the petitioner had eloped with a minor girl, which is corroborated by the friends of the son of the petitioner. He has further submitted that address of respondent No. 6 is not known. According to version of respondent No. 5, the minor girl had gone with the petitioner’s son. It is also submitted that mother of the minor girl had also lodged an FIR in this connection against unknown persons. He also submitted that verification of the birth certificate annexed with the petition goes to show that same is a fabricated document.

In view of the above submission of Mr. Ahluwalia, we direct him to file an affidavit through the investigating officer of the case.

Efforts shall be made to find out both the missing boy and girl.

List this case on 12.10.2022.”

Pursuant to the aforesaid order, the Investigating Officer has filed an affidavit detailing the steps taken towards investigation. It is further stated that a query was made from Zone No.2, Municipal Corporation, Bilaspur with regard to the Birth Certificate bearing Registration No. 365 dated 15.11.2014, wherein Date of Birth of Vishwaraj Singh Thakur was shown as 03.02.2007 and in response to the query made, the Zone Commissioner, Zone No.2 of Municipal Corporation, Bilaspur by letter dated 20.09.2022 had informed that no entry of the Birth Certificate has been made as Registration No. 365 dated 15.11.2014.

Mr. Shaleen Singh Baghel, learned counsel for the petitioner submits that Vishwaraj Singh Thakur stands accused in Crime No. 329 of 2022 registered at Police Station, Chakarbhatha under Sections 366, 376 of the IPC, read with Sections 4 & 6 of the POCSO Act. It is further submitted by Mr. Baghel that the petitioner is presently lodged in Juvenile Home and therefore, he has got instructions not to press this application.

In view of the above submission of Mr. Baghel, the writ petition is dismissed as not pressed.