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Rajasthan High Court · body

2015 DIGILAW 17 (RAJ)

Bhajan Lal v. State

2015-01-05

AJAY RASTOGI, PRAKASH GUPTA

body2015
Hon'ble RASTOGI, J.—Instant petition has been filed by father of the alleged minor daughter Kumari Preeti Sharma (detenue) who according to him was illegally abducted by respondent-7 Santosh on 04.12.2014 when she went to market for purchasing some household items and without any loss of time immediately when this fact revealed to the petitioner of she being illegally abducted, on a written complaint FIR No.467/2014 dt.07.12.2014 was registered for offence u/S 363, 364 & 366 IPC & Sec.7/8 of Protection of Child From Sexual Offences Act, 2012. According to the petitioner when no action was taken by the policy authorities to recover the detenue whose date of birth recorded in school records is 14.07.1998 being a minor, he approached to this Court by filing instant habeas corpus petition. 2. Notices of the present petition were issued to the respondents on 17.12.2014 and the matter was posted for 05.01.2015. It was also observed by this Court that if the detenue is recovered her statement be recorded u/S 164 Cr.P.C. and liberty was granted to the Investigating Officer to take appropriate steps in the welfare of the detenue. However, reply to the petition has not been filed. 3. Counsel for respondent-State submits that the detenue was recovered on 17.12.2014 and produced before the learned Magistrate and at that point of time there was an application filed by father of the alleged detenue, Bhajan Lal petitioner herein, for taking custody of her alleged minor daughter and on the said application order was passed to handover custody of the alleged minor daughter to her parents by the learned Magistrate on 17.12.2014 and her statement came to be recorded u/S 164 Cr.P.C. after five days on 22.12.2014. 4. 4. It is indeed that the detenue is no more under illegal custody after her custody has been handed over to her parents and in the light of the statement of the detenue which has been recorded on 22.12.2014 u/S 164 Cr.P.C., law may take its own course but at the same time before parting with the order we would like to observe that invariably it is brought to our notice that as & when detenues (minor girls/child) are recovered their custody is handed over to the parents or to their well-wisher after seeking appropriate orders from the learned Magistrate or by the Investigating Officer after recording due satisfaction and the statement u/S 164 Cr.P.C. is normally recorded after 5-7 days and further investigation which takes place after the statement being recorded u/S 164 Cr.P.C. of the detenue, that shakes confidence of the people. 5. We would like to observe that whenever the detenue (minor child) is recovered, she should be immediately produced before the learned Magistrate and after recording due satisfaction by the learned Magistrate, statement be recorded u/S 164 Cr.P.C. without loss of time and further action may be taken including handing over custody of minor child keeping in view the statement recorded u/S 164 Cr.P.C. 6. We would like to further add that if application is filed by the Investigating Officer seeking direction for recording statement of the minor child u/S 164 Cr.P.C., it is expected from the learned Magistrate to accommodate the Investigating Officer and get the statement of the minor child recorded u/S 164 Cr.P.C. on the same day or on the next following day as far as possible. 7. However, in the instant case after the detenue has been recovered and her custody has been handed over to her parents, the present habeas corpus petition does not survive and accordingly dismissed. Let copy of this order be sent to the Registrar General, Rajasthan High Court, Jodhpur and also to the Director General of Police, Jaipur for necessary compliance.