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2022 DIGILAW 373 (CAL)

KHOKAN JANA v. STATE OF WEST BENGAL

2022-03-10

HIRANMAY BHATTACHARYYA, T.S.SIVAGNANAM

body2022
ORDER : 1. We have heard Mr. Ayan Poddar, learned counsel appearing for the petitioner and Mr. Amitesh Banerjee, learned senior counsel appearing for the State respondents. 2. The petitioner is before this Court stating that his minor daughter aged about 17 years has been abducted by the 4th respondent, who has been actively assisted by the respondent nos.5 to 7, who are none other than the father, mother and brother of the 4th respondent. A complaint was lodged and FIR has been registered on 21st February, 2022 for offences under Sections 363/365/34 of the Indian Penal Code in Patashpur P.S. Case No. 96 of 2022. The complaint of the petitioner is that there is no progress in the matter and the where abouts of the petitioner's minor daughter is not known. 3. The learned senior counsel appearing for the State respondents submits that soon after the FIR was registered, effective steps were taken by the respondent police, statements have been recorded from various persons under Section 161 of the Code of Criminal Procedure, documents were seized, raids have been conducted, photographs have been published in the media and all earnest steps have been taken. Further, the learned senior counsel submits that the respondent nos.4 to 7 are absconding and not available in the village and effective steps have been taken by the respondent police to trace the missing minor girl. 4. The learned counsel appearing for the petitioner, on instruction, submitted that the respondent nos.5 to 7 continue to reside in the village and it may not be correct to state that the respondent nos.5 to 7 are also absconding. In any event, the respondent police should take effective action to secure not only the presence of the minor girl but also the respondent nos.4 to 7, who alleged to have abducted the minor girl. 5. Therefore, we direct the respondent police to take further effective steps in securing the missing minor girl and take all steps to arrest the respondent nos.4 to 7 and produce them before this Court at the earliest. 6. A report in the form of an affidavit be filed by the concerned police officer on the next hearing date as regards the progress of investigation. 7. List this matter on 17th March, 2022.