Patna High Court
Deepu Gupta @ Deepu Kumar @ Dipu KumarversusThe State of Bihar through the Secretary, Department of Home, Govt. of Bihar, Patna
- Decided
- Disposal
- DISMISSED
Holding
The writ application is misconceived, constitutes an abuse of process, and is dismissed.
Summary
The petitioner, Deepu Gupta, filed a habeas corpus petition seeking the production of his missing wife, Rakhi Gupta, alleging she was concealed by respondent No.7, Kanchan Mala Gupta, and her family who demanded money. The court noted that an FIR under Sections 498(A) and 364 of the Indian Penal Code had been lodged against the petitioner by the victim’s mother, and that the petitioner had previously filed two similar writ petitions (CrWJC No.1594 of 2017 and CrWJC No.2591 of 2017) which were dismissed with directions to the police to locate the missing woman. The present petition largely reiterated earlier allegations and trial developments, which the court found irrelevant to the writ. The bench held that the repeated filing of criminal writ petitions constituted an abuse of the court’s process and that the writ was misconceived. Consequently, the petition was dismissed with a modest cost order against the petitioner.
Issues considered
- Whether a writ of habeas corpus is maintainable when the petitioner is himself the subject of an FIR under Sections 498(A) and 364 IPC.
- Whether the court can direct the police to produce a missing person in the present circumstances.
- Whether the repeated filing of similar criminal writ petitions amounts to an abuse of process.
Legislation cited
- Indian Penal Code — s. 364, 498A
Subjects
- habeas corpus
- missing person
- abuse of process
- criminal procedure
- IPC 498A
- IPC 364
- writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1136 of 2026
Arising Out of PS. Case No.-259 Year-2017 Thana- KADAMKUAN District- Patna
======================================================
Deepu Gupta @ Deepu Kumar @ Dipu Kumar Son of Late Ashok Gupta @
Ashok Das Resident of Ward Number 31 Gali Gandhi Nagar, Near Durga
Mandir, P.S.- Town, Distt.- Begusarai.
... ... Petitioner
Versus
1. The State of Bihar through the Secretary, Department of Home, Govt. of
Bihar, Patna
2. Director General of Police, Bihar, Patna
3. Inspector General of Police, Central Range, Bihar, Patna
4. Senior Superintendent of Police, Patna, Bihar
5. S.H.O., Kadam Kuan Police Station, Patna
6. Unique Indentification Authority of India through its CEO, Bangla Sahib
Road, Behind Kali Mandir, Gole Market, New Delhi
7. Kanchan Mala Gupta Wife of Chanchal Gupta Resident of village Narsingh
Garh, P.S.- Dhalmungar, Distt.- East Singhbhum, Jharkhand.
... ... Respondents
======================================================
Appearance :
For the Petitioner : Mr. Deepak Kumar, Advocate
For the State : Mr. Anjaneya Singh, AC to AAG-13
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD
and
HONOURABLE MR. JUSTICE KUMAR MANISH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD)
2 15-06-2026 The petitioner has chosen to prefer this writ
application with a prayer for issuance of a writ in the nature of
Habeas Corpus. Direction has been sought to produce the
victim, Rakhi Gupta who is said to be missing since 19.06.2017.
The petitioner suspects that she has been concealed somewhere
in connivance with the respondent no. 7 and her family.
2. From the narration of facts present in the writ
Patna High Court CR. WJC No.1136 of 2026(2) dt.15-06-2026
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application, it appears that the marriage between the petitioner
and the victim was solemnized as back as on 15.07.2013
whereafter they were blessed with a daughter. It further appears
on going through the averments made in the writ application
that the victim lady got disappeared and thereafter, it is alleged
that respondent no. 7 and her husband started demanding a sum
of Rs. Ten Lakhs from the petitioner. Several allegations have
been made in the writ application which we consider not
relevant to be taken into account for purpose of deciding and
disposing of the present writ application. It is suffice to note that
the petitioner filed a complaint against respondent no. 7 which
was not registered, however, a complaint at the instance of the
victim’s mother was registered giving rise to FIR under Sections
498(A) and 364 of the Indian Penal Code against the petitioner.
3. From the tone and tenure of the averments in the
writ application, it appears that the petitioner is aggrieved by
lodgment of the First Information Report against him by
respondent no. 7. In connection with the said case, the petitioner
was arrested also.
4. The petitioner earlier approached this Court in
CrWJC No. 1594 of 2017 which was disposed of vide order
dated 06.09.2017 (Annexure ‘P/3’) with a direction to the police
Patna High Court CR. WJC No.1136 of 2026(2) dt.15-06-2026
3/4
to make all the efforts for recovery of the girl and to find out as
to what happened to her. These subsequent developments as
revealed in paragraph ‘11’ of the writ application would show
that after passing of the order by the learned Writ Court, the
petitioner has been chargesheeted on 20.09.2017 in connection
with the FIR lodged against him by Respondent No. 7. The
subsequent paragraphs in the writ application deal with the
developments which have been placed in connection with the
said case.
5. It further appears that the petitioner preferred
another criminal writ petition being CrWJC No. 2591 of 2017.
The said writ application was also disposed of with the same
directions as were present in the earlier writ application. Order
of this Court has been brought on record as Annexure ‘P/5’ to
the writ application. A perusal of Annexure ‘P/5’ to the writ
application would show that the Hon’ble Division Bench while
dealing with the writ application preferred by the petitioner has
recorded that the Bench was not inclined to pass any further
direction in the matter.
6. The petitioner did not rest there. After framing of
charge in the case lodged by the victim’s mother, the trial has
further proceeded. The averments in the writ application would
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show that most of the paragraphs in the writ petition are devoted
to the developments which have taken place in course of trial.
Petitioner has also brought to the notice of this Court the
deposition of the witnesses in the said trial. We are not
concerned with such depositions in the present writ application.
7. In our considered opinion, the repeated filing of the
criminal writ petitions before this Court is only an abuse of the
process of the Court. The writ application is totally
misconceived and misdirected.
8. We dismiss the writ application with a cost of
Rs.2,000/- (Rupees Two Thousand) which will be deposited by
the petitioner with the Patna High Court Legal Services
Committee within four weeks from today.
(Rajeev Ranjan Prasad, J)
(Kumar Manish, J)
lekhi/-Ritwika/-
U
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