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Judgment
Per Krushna Ram Mohapatra, Chief Justice
Heard Mr. Kamlesh Patel, learned counsel for the petitioner as well as Mr. Amit Buxy, learned Deputy Government Advocate appearing for respondents No.1 to 3/State.
The petitioner in this WPHC prays for following reliefs:-
“10.1That, this Hon'ble Court may kindly be pleased to issue a writ in the nature of Habeas Corpus commanding Respondent Nos. 1 to 3 to immediately search, locate, and produce the corpus of the Detenue, Shreya Shrivas, before this Hon'ble Court.
10.2That, this Hon'ble Court may kindly be pleased to pass an appropriate order to the Respondents to set the Detenue at liberty according to her own free will and volition, allowing her to peacefully reside with the Petitioner (her legally wedded husband).
10.3That, this Hon'ble Court may kindly be pleased to pass an appropriate order directing the Respondent Nos. 2 and 3 to provide adequate police protection to the Petitioner and the Detenue to safeguard their lives and liberty from Respondent No. 4 and his associates.
10.4Any other relief, which this Hon'ble Court may deem fit and proper, may also be passed in favor of the petitioner together with cost of the petition.”
Reply on behalf of respondents No. 1 to 3/State is filed and a copy of the same is served to learned counsel for the petitioner, which is taken on record.
In the course of hearing, learned counsel for the petitioner prays for withdrawal of WPHC to avail appropriate remedy under the Bharatiya Nagarik Suraksha Sanhita, 2023.
Mr. Buxy, learned Deputy Government Advocate appearing for respondents No. 1 to 3/State, does not have any objection to such prayer.
Without expressing any opinion on the merits of the submissions made by learned counsel for the petitioner, this Court allows the prayer for withdrawal of WPHC, with an observation that the petitioner, if so advised, may work out his remedy, if any, under law.
The writ petition is accordingly disposed of.