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2013 DIGILAW 401 (CAL)

Gobinda Mondal v. STATE OF WEST BENGAL

2013-07-03

JAYANTA KUMAR BISWAS, SUBAL BAIDYA

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Judgment :- Jayanta Kumar Biswas, J. The petitioner in this WP under art.226 of the Constitution of India dated October 11,2012 is seeking the following principal relief:- “ (a) A writ in the nature of Habeas Corpus be issued for production of the daughter of your petitioner and/or rescue from the alleged persons/Traffickers of their custody in the court premises and be set at liberty;” The state has filed an affidavit dated June 25,2013. Para.3 of the affidavit is quoted below:- “3. That on the basis of court complaint of complainant Sri Gobinda Mondal S/O Lt. Kamal Mondal of Kumirmari P.S.Sundarban Costal Dist-South 24-Parganas. Sundarban Costal P.S case no 165/12 dated 14.12.12 u/s 363/367/368/370/405/34 IPC and 17/17A Immoral Trafficking and prevention Act has been registered and Officer in charge of Sundarban Coastal P.S. S.I Himansu Biswas himself investigated the case.” In para.7 of the affidavit it has been stated that the investigation of the case has been transferred to the District Enforcement Branch, South 24- Parganas, and that the investigating officer has been investigating the case. What the petitioner is actually seeking is an order directing the police to recover his missing daughter. It is not the case that the girl is in illegal detention of any respondent in the W P. In our opinion, power under art.226 is not to be exercised on the basis of this habeas corpus petition for tracing the missing girl engaging the agency that has been investigating the case on the basis of a duly registered FIR. The ongoing investigation is to be overseen by the criminal court concerned. For these reasons, we dispose of the W P saying that the officer investigating the pending criminal case shall report to the criminal court that is empowered to oversee their actions and the ongoing investigation; and that the petitioner is free to participate in the proceedings before the criminal court concerned. No costs.