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2023 DIGILAW 786 (SC)

Nargizakhon Otamuradova v. Union Of India

2023-05-25

J.K.MAHESHWARI, PAMIDIGHANTAM SRI NARASIMHA

body2023
ORDER This writ petition, under Article 32 of the Constitution of India, has been filed seeking following relevant reliefs :- “(a) Issue the writ of Mandamus or any other appropriate writ, for releasing Accused in FIR/Crime No. 44/2023 dated 09.02.2023 registered with PS: Sonbarsa, Sitamarhi, Sadar, Bihar as per the direction of the Ld. J.M.F.C., Sitamarhi dated 14.02.2023 and declaring the action of the Respondent No. 3 to Respondent No. 4, as illegal, arbitrary, and unconstitutional and it is clear violation of Article 14, 19, 20, 21, 22 r/w 32 of the Constitution of India in the interest of justice; and; (b) Direct the Respondent No. 3 to Respondent No. 4 to release the Accused in the said Crime namely (1) Ms. Rano Jumanazarova, (Passport No. FA6117707) and (2) Mrs. Ugiljon Ruzimetova (Passport No. FA2577961) per the said order of the Trial Court in the interest of justice and pass such other or further order as this Hon’ble Court may deem fit and proper in the interest of justice;” 2. This Court, on 01.05.2023 while issuing notice, requested Mr. S. V. Raju, learned Additional Solicitor General, to assist the Court and to take complete instructions in the matter. 3. As per instructions, Mr. Raju has stated at the bar that the Ministry of Home Affairs has no objection to hand over the custody of the accused persons to the petitioner, as directed by the Ld. Magistrate vide orders dated 14.02.2023 and 14.03.2023. 4. The learned counsel appearing for the State of Bihar, on instructions, stated that they have also no objection in the matter. 5. Considering the aforesaid, we dispose of this writ petition with a direction that the custody of the accused persons shall be handed over to the petitioner in terms of the orders passed by the trial court, as referred to hereinabove or other conditions, if any, imposed by the trial court. 6. Pending interlocutory application(s), if any, is/are disposed of.