JAYANTA KUMAR BISWAS,J - (1.) THE petitioner in this WP under art.226 of the Constitution of India dated June 11, 2013 is seeking the following principal relief:- "(a) A writ in the nature of Habeas Corpus do issue directing the respondent authorities concerned, each one of them, their men, agents, servants, subordinates and/or assigns to forthwith produce the missing wife of the petitioner, vis. Smt. Meera Mishra, before this Hon'ble Copurt and to return him to his lawful custody of the petitioner without any delay whatwoever."
(2.) ADVOCATE for the petitioner has submitted as follows. The fifth- eleventh respondents, some villagers of the petitioner's village, have been wrongfully confining the petitioner's wife. The petitioner has filed a complaint considering which the criminal court has passed an order under s.156(3) CrPC. Accordingly, an FIR No.36/13 has been registered in Keshiary police station of Purba Medinipure under ss.143/341/384/506/427/379/364 IPC. The investigating officer has not yet recovered the woman. Hence a habeas corpus should be issued. Advocate for the state has submitted that he has not received any instruction from the officer investigating the case registered in Keshiary police station. Advocate for the fifth - eleventh respondents has submitted that in view of the false allegations and institution of criminal case, the fifth-eleventh respondents have obtained anticipatory bail from the court of session; and that the petitioner's wife is not in the custody of the fifth- eleventh respondents or any one of them.
(3.) THE question of issuing a habeas corpus can arise only if it is found that the petitioner's wife has been wrongfully imprisoned by the fifth- eleventh respondents or any one of them. There is no basis to say so. There is no question of asking the officer investigating the criminal case to submit report; for the report, after completing the investigation, is to be submitted to the criminal court competent to take cognizance of the offences. A habeas corpus petition is not the means to trace or track down a person, but to set a person in illegal detention at liberty. For these reasons, we dismiss the WP. Nothing herein shall be interpreted by anyone or court to say that steps are not to be taken for tracking down the woman and taking steps according to law. Certified xerox.;