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Calcutta High Court (Appellete Side)

Uttam Kumar Roy vs Unknown on 20 September, 2018

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 2   20.09.2018
AB   Court No.28
                               W. P. No. 15241 (W) of 2018

                      In the matter of : Uttam Kumar Roy

                                                                ...Petitioner.

                         Mr. Ranadeb Sengupta,
                         Mr. Debasish Mukhopadhyay,
                         Mr. Anirban Banerjee ...for the Petitioner.

                         Mr. Sudip Guha           ...for the Resp. No.7 to 9.

                         Mr. Jishnu Chowdhury,
                         Mr. Robiul Islam      ...for the State.




                         Report on behalf of the State is placed on record.

                         It appears from the report particularly the admit

                   card issued by the Board of Secondary Education as

                   well as the admission register in the primary school

                   where the victim was admitted, she was born on

                   8.7.1999 and is presently a major. Her statement has

                   been recorded under Section 164 Cr.P.C. wherefrom it

                   appears that she is voluntarily residing with Sanjit Roy.

                         In view of the aforesaid fact, we are of the opinion

                   that no case of wrongful detention of the victim, who is

                   a major, has been made out.

                         The   writ   petition   for   habeas    corpus   is,
                             2


accordingly, disposed of.

      Since no affidavit is called for, none of the

allegations made in the writ petition shall be deemed to

have been admitted by any of the respondents.

Urgent Photostat Certified copy of this order, if applied for, be supplied to the parties expeditiously after complying with all necessary legal formalities. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.) 3