Patna High Court
Ajit Pandey vs The State Of Bihar Through The ... on 13 September, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1327 of 2023
Arising Out of PS. Case No.- Year-0 Thana- District-
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Ajit Pandey Son Of Late Mahendra Nath Pandey Resident Of House No 233,
Nautun Bazar, Ps- Baishtha, Distt- Kamrup Metro (ASHAM, Gawahati )
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Chief Secretary Of The State Of Bihar,
Patna Bihar
2. The Director Genral Of Police, Patna Bihar
3. The District Magistrate, Buxar Bihar
4. The District Magistrate, Katihar Bihar
5. The Superintendent Of Police, Buxar Bihar
6. The Superintendent Of Police, Katihar Bihar
7. The Deputy Superintendent Of Police, Buxar Town Bihar
8. The Deputy Superintendent Of Police, Katihar Town Bihar
9. The State House Officer, Shimri, Ps- Buxer Bihar
10. The State House Officer, Town, Ps- Katihar Bihar
11. Swati Pandey Wife Of Ajit Pandey Resident Of Village- Court Compound,
Ps- Mirchaibadi, Dist- Katihar,
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Manoj Kumar, Advocate
For the Respondent/s : Mr. P.K. Shahi (AG)
Mr. Prabhu Narayan Sharma, Advocate
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CORAM: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR
and
HONOURABLE MR. JUSTICE ALOK KUMAR PANDEY
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE ASHUTOSH KUMAR)
Date : 13-09-2023
Heard Mr. Manoj Kumar, learned Advocate for the
petitioner and Mr. Prabhu Narayan Sharma for the State.
Patna High Court CR. WJC No.1327 of 2023 dt.13-09-2023
2. Mr. Manoj Kumar, learned Advocate presses
the instant ill-conceived Habeas Corpus petition.
3. It has been alleged that the petitioner along
with his wife and an eleven year old son had gone to offer
prayers at Kamakhya temple in the State of Assam and
from there, they had come to Buxar, which is the parental
home of his wife but from there, his wife and son did not
accompany him back.
4. Two informatory petitions filed before the Chief
Judicial Magistrate, Buxar dated 23.12.2019 have been
brought on record intimating that his wife and son had
gone incommunicado and when with great efforts, he
contacted his brother-in-law, he was not spoken to
properly.
5. It further appears from his petition that he
went to Assam and lodged an FIR vide Baishtha P.S. Case
No. 61 of 2020 arraigning his wife and the wife's brother
as accused persons for the offences under Sections 294,
506, 387 and 507 of the Indian Penal Code.
Patna High Court CR. WJC No.1327 of 2023 dt.13-09-2023
6. There is nothing on record to indicate about
any development in the investigation of this case.
7. Almost in the same breath, the petitioner has
stated that his wife had filed a maintenance case before
the Principal Judge, Family Court, Katihar vide
Maintenance Case No. 69 of 2020, in which notices were
issued to the petitioner which he had received in the month
of March, 2020. However, he could not respond to such
notice because of the closure of Courts during COVID
times.
8. Leaving everything unattended, the petitioner
preferred a petition before the Principal Judge, Family
Court-III, Kamrup (M) Guwahati vide Miscellaneous (G)
Case No. 31 of 2021 under Section 7 of the Guardians and
Wards Act, 1890 seeking custody of his son.
9. The aforenoted petition was heard on
14.02.2022 in which it was held that for the better interest
and welfare of the minor, the petitioner would be the
guardian of his son till his minority. A guardian certificate
Patna High Court CR. WJC No.1327 of 2023 dt.13-09-2023
was also issued in his favour after the petitioner would
have furnished relevant bond.
10. A petition under Section 9 of the Hindu
Marriage Act, 1955 was also filed by the petitioner for
restitution of conjugal rights but this application also was
filed at Guwahati. In the aforenoted petition, there is an ex
parte decree in favour of the petitioner which is dated
28.02.2022.
11. A peculiar petition also appears to have been
filed in High Court, addressed to the Registrar General and
showing it as a list of grievances, seeking custody of the
child in the light of the judgment passed by the Guwahati
Court as also the Guardian certificate.
12. While all this was being agitated before us on
behalf of the petitioner, we also found out from the
petition that the wife of the petitioner has filed a Divorce
Case under Section 13 of the Hindu Marriage Act, 1955
where summons have been issued to the petitioner to
appear before the Principal Judge, Family Court, Katihar.
Patna High Court CR. WJC No.1327 of 2023 dt.13-09-2023
13. The aforenoted Divorce petition is based on
the allegation of physical and mental torture.
14. With all these developments in the marital life
of the petitioner, we are of the view that preferring this
Habeas Corpus petition was not only ill-advised but was a
misadventure on the part of the petitioner.
15. The petitioner has full knowledge that his wife
is not agreeable to go with him and resume her
matrimonial obligation. A divorce case is pending, where
perhaps the petitioner has not appeared.
16. The petitioner also does not seem to have
taken any corrective/follow-up action for having the decree
of the Family Court, Guwahati to be executed.
17. Thus, prima facie, it appears to us that the
petitioner has been forum shopping and making different
statements at different forums.
18. Normally, we would have proceeded against
him for taking action against the petitioner but considering
the fact that he is fighting for the custody of his child as
Patna High Court CR. WJC No.1327 of 2023 dt.13-09-2023
also for resumption of his matrimonial life, we leave it at
this and dismiss the petition totally misconceived.
19. The petition stands dismissed.
(Ashutosh Kumar, J)
(Alok Kumar Pandey, J)
krishna/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 15.09.2023
Transmission Date 15.09.2023
