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2022 DIGILAW 482 (RAJ)

Kamlesh v. State Of Rajasthan

2022-02-11

ANOOP KUMAR DHAND, MANINDRA MOHAN SHRIVASTAVA

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JUDGMENT 1. This petition has been filed by the petitioner-father of missing girl Monika, who is said to have eloped from her house. 2. We find that initially when daughter of the petitioner had eloped with cash and pass-books from her own house, a report was lodged stating that the petitioner's daughter has eloped and respondent no.5-Radhey Meena was stated to be the suspect criminal against whom allegation was made that he has kidnapped her and committed rape. after efforts, finally, the petitioner's daughter was recovered on 08.12.2021, her statement was recorded under Section 161 Cr.P.C. and thereafter, she was produced before the Magistrate also where a statement under Section 164 Cr.P.C. was also recorded. after necessary medical examinations, her custody was handed over to the petitioner. Thereafter, the petitioner lodged another information in the police station on 20.12.2021 stating that his daughter has again eloped and is not being found. On this information, the police has been searching the daughter of the petitioner at different places. 3. as the petitioner filed this petition for direction to search and recover his missing daughter, this court had directed the State counsel to seek instructions. The concerned officer of the police station alongwith the diary of the case containing various steps taken during the course of the investigation informs the court that after the petitioner's daughter again eloped on 20.12.2021, efforts are on to search her. So far the daughter and the suspect accused Radhey Meena has not been recovered though an offence under Sections 376, 363, 366 IPC read with Sections 5 & 6 of the POCSO act has been registered against respondent no.5-Radhey Meena. 4. We have gone through the case diary and find that after the daughter of the petitioner again eloped on 20.12.2021, efforts are being made to search and the police has carried out search at different places including the residence of respondent no.5, but the petitioner's daughter and respondent no.5-Radhey Meena both are not traceable. 5. at this stage, we do not consider it necessary to keep this petition pending but to dispose off with a direction to the concerned SHO to make all efforts to search and recover the missing daughter of the petitioner and upon arrest of respondent no.5, subject him to appropriate action in accordance with law. 5. at this stage, we do not consider it necessary to keep this petition pending but to dispose off with a direction to the concerned SHO to make all efforts to search and recover the missing daughter of the petitioner and upon arrest of respondent no.5, subject him to appropriate action in accordance with law. In the circumstances of the case, we also direct that the Superintendent of Police, Sawai Madhopur shall instruct an officer not below the rank of Deputy Superintendent of Police to supervise investigation and ensure recovery of the daughter of the petitioner at the earliest as she is stated to be minor. 6. The petition, at this stage, is disposed off with liberty to revive in case eventuality so arises.