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Judgment
Per Krushna Ram Mohapatra, Chief Justice
23.09.2026
Heard Mr. P. Chetan Kumar, learned counsel for the petitioner.
Also heard Mr. Shashank Thakur, learned Additional Advocate General & Mr. Anand Dadariya, learned Deputy Advocate General for respondents / State.
The instant writ petition has been filed by the petitioner seeking for following relief:
“10.1To call for the relevant records from respondents showing progress of investigation.
10.2To issue habeas corpus writ commanding respondents to produce daughter of the petitioner named in the FIR 0714/2026 P. S. Kota, Bilaspur.
10.3To grant any other relief deemed fit and proper in facts and circumstances of the case.”
Pursuant to the order dated 16.09.2026 passed by this Court, the minor daughter of the petitioner has been produced before this Court being escorted by Smt. Nupur Upadhyay, Sub-Divisional Officer (Police), Kota, Mr. Shashikant Bharadwaj, Station House Officer, Police Station Kota, and Ms. Purnima Sidar, Constable, Police Station Kota.
This Court has interacted with the minor girl in order to ascertain her wishes and to ensure her safety and well-being. Initially, the minor girl expressed her unwillingness to return to her parents. However, upon further interaction, she stated that she has no difficulty to stay with her parents and that she was not being ill-treated by them and was being properly looked after.
Smt. Sukriti Sahu, mother of the minor girl, and Mr. Dev Prasad Sahu, maternal uncle of the minor girl, are present before this Court. The petitioner, being the mother of the minor girl, has expressed her willingness to take custody of the minor child and to take care of her.
Having regard to the statement made by the minor girl before this Court and her mother as well as the overall circumstances brought before the Court, this Court is of the considered opinion that, it would be in the interest of the welfare, safety and well-being of the minor child to restore her custody to her mother.
Accordingly, it is directed that the custody of the minor child be handed over / restored to the petitioner, who is her mother. The escort party shall escort them to their residence at Kota in the District- Bilaspur. It is also directed that in case of any difficulty, apprehension or inconvenience faced by the minor girl, she shall inform the escort party or the local police station who shall take immediate appropriate steps for her safety and well-being.
It is further directed that the parents of the minor child shall inform the concerned local police station regarding the well-being and safety of the minor child once every seven days for a period of six months. The concerned police authorities shall remain vigilant and, in the event of receiving any complaint or information regarding the safety or well-being of the minor girl, shall take appropriate action forthwith in accordance with law.
With the aforesaid observation and direction, the Writ Petition (Habeas Corpous) is disposed of.
Sd/- Sd/-(Santosh Sharma) (Krushna Ram Mohapatra) Judge Chief Justice