IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P. (Cr.) No. 95 of 2011
Anju Devi .....Petitioner
Versus
The State of Jharkhand & Others .....Respondents.
Coram: THE HON'BLE MR. JUSTICE R.K. MERATHIA
THE HON'BLE MR. JUSTICE D.N. UPADHYAY
---------
For the Petitioner : Mr. B.V. Kumar, Advocate
For the State : Mr. Jalisur Rahman, JC to G.P. III
--------
02/02.05.2011
Heard.
According to the petitioner, respondent no. 9-Kedar Modi
is not appearing in the cases instituted by the petitioner under
sections 498A and 494 of the Indian Penal Code and the cases are not
proceeding after issuance of permanent warrant of arrest; and that
concerned police station can very well enquire about the
whereabouts of Kedar Modi from respondent no. 7-Chintamani Modi,
with whose daughter he is married again.
This writ petition is wholly misconceived. In several cases,
permanent warrant of arrest has been issued. Only for that reason,
Habeas Corpus is not maintainable.
When we expressed this, Mr. B.V. Kumar, learned counsel
for the petitioner, sought permission to withdraw this writ petition
with liberty to move the concerned court for appropriate direction to
the concerned police station.
Accordingly, this writ petition is dismissed as withdrawn
with liberty aforesaid.
( R. K. Merathia, J)
( D.N. Upadhyay, J)
Rakesh/