Awanish Shekhar v. State of Jharkhand through the Principal Secretary, Department of Home, Prison & Disaster Management, Govt. of Jharkhand
2025-04-29
AMBUJ NATH, RONGON MUKHOPADHYAY
body2025
DigiLaw.ai
JUDGMENT : 1. Heard Mr. A. K. Kashyap, learned senior counsel for the petitioner, Mr. Manoj Kumar, learned G.A.-III appearing on behalf of the State and Ms. Shruti Shrestha, learned counsel appearing for the respondent No.8. 2. The compliance report is being filed by Mr. Manoj Kumar, GA-III, which is accepted and kept on record. 3. In this writ application, the petitioner has prayed for issuance of writ of Habeas Corpus particularly to the respondent No. 8 to produce the minor daughter, namely Aadya Shekhar before this Court. 4. On 22.04.2025, this Court had passed an order for service of notice upon the respondent No.3 through the officer-in-charge of Bariyatu Police Station, Ranchi in the address mentioned in the cause title of the application primarily on account of the fact that the learned senior counsel for the petitioner had shown an apprehension that the respondent No. 8 does not stay in the address mentioned and the same is creating an obstacle for service of notice upon the respondent No. 8 in the case of guardianship filed before the learned Family Court. 5. Pursuant to the order dated 22.04.2025, notice was served upon respondent No. 8 in the address mentioned in the cause title of this writ application and the respondent No. 8 in terms of the order passed by this Court on 22.04.2025 is present before this Court alongwith her daughter Aadya Shekhar. She has submitted that she is employed in Kolkata and is carrying out her duty through online mode and she is residing at her father's place at the address mentioned in the cause title of the writ application. She has further stated that that her daughter studies in Class-IV at Bridgeford School, Tupudana. 6. Confronted with the aforesaid submission, learned senior counsel for the petitioner seeks permission to withdraw this application in order to pursue the remedy for custody of his child before the learned Family Court, Ranchi in O.S. No. 238 of 2025. 7. In view of the submission advanced by the learned senior counsel appearing for the petitioner, we permit him to withdraw this application. 8. This application is accordingly, dismissed as withdrawn. 9. Let an affidavit submitted by Mr. Manoj Kumar, learned G.A.III be kept on record and so is the counter affidavit filed by the respondent No. 8.