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2011 DIGILAW 522 (JHR)

Baliram Paswan v. The State of Jharkhand

2011-06-17

PRAKASH TATIA

body2011
Order This Criminal writ petition has been filed alleging that three minor boys, Akash Raj, Shashank Shekhar and Pawan Soni, who are of the age of near about 12 years, are missing since 30th March, 2008 and a named F.I.R has been lodged at Gumla Police Station as Gumla P.S. Case No. 86 of 2008 on 2nd April, 2008 (corresponding to G.R. No. 288 of 2008). Since then these three minor children have not been traced out by the respondents. 2. This Court issued directions to recover the three boys after taking note of the seriousness of the issue in the order dated 16.11.2009 and thereafter till date the children have not been recovered. By order dated 16.11.2009 itself, the Superintendent of Police, Gumla was directed to supervise the case and it appears from the report submitted on 26th April, 2010 that during investigation, it was found that children were kidnapped for ransom and in the report submitted along with the supplementary affidavit dated 21.04.2010, it was found that even ransom of Rs. 1,30,000/-had already been paid to the accused persons and it is also apparent that the three accused persons have been arrested but the fact remains is that the minor children have not yet been recovered. 3. In fact, this is a matter which should have been taken care as Habeas Corpus petition where appropriate relief with respect to even investigation can also be passed. Since it is a matter in relation to the kidnapping of three minor children as back as in the year 2008 and more than three years have passed, the Superintendent of Police, Gumla is directed to appear before the Court. 4. Registry is directed to register this petition as Habeas Corpus petition and place it before the Division Bench and the Superintendent of Police, Gumla shall appear before the Division Bench with full report on 27th June, 2011. 5. However, it is made clear that serious efforts be made to recover the missing children for producing them before this Court. 6. Put up this matter on 27th June, 2011 before the Division Bench after registering it as Habeas Corpus Petition. 7. Let a copy of this order be provided to the counsel appearing for the State.