Patna High Court
Mohammad Kalim KhanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
Holding
A writ of habeas corpus is not appropriate where an effective statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available.
Summary
Petitioners Mohammad Kalim Khan and Shakila Bano filed a criminal writ petition under Article 226 seeking a habeas corpus writ for the production of their daughter Ronak Parveen, who they allege is being held in Rajasthan in connection with a criminal case under section 137(2) of the Bharatiya Nyaya Sanhita, 2023. The Court examined the principle that a habeas corpus writ is an extraordinary remedy and may be denied where an effective statutory remedy exists. Relying on the Supreme Court’s observation in Tejaswini Gaud v. Shekhar Jagdish Prasad Tewari, the Court held that the petitioners should avail the remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023, which empowers a magistrate to order the restoration of an abducted female. Consequently, the writ petition was disposed without expressing any view on the merits, and the petitioners were directed to file an application under the said statutory provision.
Issues considered
- Whether a writ of habeas corpus can be issued when an effective statutory remedy under Section 101 of the Bharatiya Nagarik Suraksha Sanhita, 2023 is available.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 101
- Bharatiya Nyaya Sanhita, 2023 — s. 137(2)
Subjects
- habeas corpus
- extraordinary writ
- statutory remedy
- Section 101
- abduction of female
- Article 226
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
- criminal procedure
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.494 of 2026
Arising Out of PS. Case No.-572 Year-2025 Thana- RAMPUR District- Gaya
======================================================
1. Mohammad Kalim Khan Son of Mohammad Makbul Alam Resident of
Road No.3, New Karimganj, Katari Hill Road, P.S. Civil Lines, District-
Gaya.
2. Shakila Bano Wife of Mohammad Kalim Khan Resident of Road No.3, New
Karimganj, Katari Hill Road, P.S. Civil Lines, District-Gaya.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Superintendent of Police, Gaya, District-Gaya, State Bihar.
3. The Officer in-charge, Rampur Police Station, District-Gaya, State Bihar.
4. Ejaz Ahmed Son of Abdul Aziz Resident of Talab Pada, Rawla Chowk,
Ward No.17, P.S. Kotwali, District- Baran, State Rajasthan.
5. Parvez Alam Son of Abdul Aziz Resident of Talab Pada, Rawla Chowk,
Ward No.17, P.S. Kotwali, District- Baran, State Rajasthan.
6. Ronak Parveen Daughter of Mohammad Kalim Resident of Road No.3, New
Karimganj, Katari Hill Road, P.S. Civil Lines, District-Gaya. At present
residing at Talab Pada, Rawla Chowk, Ward No.17, P.S. Kotwali, District-
Baran, State Rajasthan.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Kanchan Kr Singh, Adv.
For the Respondent/s : Mr. P.N. Sharma, AC to AG
======================================================
CORAM: HONOURABLE MR. JUSTICE SUDHIR SINGH
and
HONOURABLE MR. JUSTICE SHAILENDRA SINGH
ORAL ORDER
(Per: HONOURABLE MR. JUSTICE SUDHIR SINGH)
2 17-03-2026 Heard learned counsel for the parties.
2. The following relief has been sought in the present
criminal writ petition:
"That the present petition is being filed by the
petitioners invoking the extraordinary writ jurisdiction
of this Hon'ble Court under Article 226 of the
Constitution of India seeking issuance of an appropriate
writ in the nature of Habeas Corpus directing the
respondent authorities to produce the petitioners'
daughter namely Ronak Parveen, aged about 24 years,
Patna High Court CR. WJC No.494 of 2026(2) dt.17-03-2026
2/3
before this Hon'ble Court. It is respectfully submitted
that the petitioners are constrained to approach this
Hon'ble Court in view of Rampur Police Station Case
No.572 of 2025 dated 06.11.2025 registered under
section 137(2) of the Bharatiya Nyaya Sanhita, 2023,
and the fact that their daughter is presently stated to be
residing in the State of Rajasthan in connection with the
said case. The petitioners seek limited judicial
intervention only for the purpose of enabling this
Hon'ble Court to ascertain the free will, safety and
welfare of their daughter in the backdrop of the pending
criminal proceedings."
3. Considering the facts of the case and the materials
available on record, and in view of the settled legal position that
a writ of Habeas Corpus is an extraordinary and discretionary
remedy which may not be exercised where an effective statutory
remedy is available, reliance can be placed upon Tejaswini
Gaud v. Shekhar Jagdish Prasad Tewari, (2019) 7 SCC 42,
wherein the Hon'ble Supreme Court has in para 19 observed the
following:
"19. Habeas corpus is a prerogative writ which is
an extraordinary remedy and the writ is issued
where in the circumstances of the particular case,
ordinary remedy provided by the law is either not
available or is ineffective, otherwise a writ will not
be issued….”
4. Accordingly, the petitioners are granted liberty to
avail the appropriate/alternate statutory remedy by filing an
application under Section 101 of the Bharatiya Nagarik
Suraksha Sanhita, 2023, which reads as follows:-
Patna High Court CR. WJC No.494 of 2026(2) dt.17-03-2026
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"101. Power to compel restoration of abducted
females - Upon complaint made on oath of the
abduction or unlawful detention of a woman, or a
female child for any unlawful purpose, a District
Magistrate, Sub-divisional Magistrate or
Magistrate of the first class may make an order for
the immediate restoration of such woman to her
liberty, or of such female child to her parent,
guardian or other person having the lawful charge
of such child, and may compel compliance with
such order, using such force as may be necessary.”
5. With the aforesaid liberty, the present writ petition
stands disposed of.
6. It is clarified that this Court has not expressed any
opinion on the merits of this case.
7. Pending application(s), if any, shall also stand
disposed of.
(Sudhir Singh, J)
( Shailendra Singh, J)
annu/Rajesh
U
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