Calcutta High Court (Appellete Side)
Md. Mahtab Alam vs The State Of W. B. & Ors on 21 June, 2017
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
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sandip
W.P. No. 15518 (W) of 2017
Ct. 26
21.06.17
Md. Mahtab Alam
Vs.
The State of W. B. & ors.
Md. Shahjahan Hossain,
Mrs. Sanjida Sultana ...for the Petitioner.
Mr. Sabir Ahmed ...for the State.
Mr. Kunal Ganguly ...for the respondent no. 8.
The petitioner claiming to be the husband of the missing girl has moved this court, seeking a writ of habeas corpus.
From the status report submitted by the police, it appears that already the girl has been recovered and she is adult. It further appears that her statement under Section 164 CrPC has been recorded and in her such statement she expressed her desire to go with her parents, the private respondent no. 8.
Having regard to above and more particularly the statement of the victim girl recorded under Section 164 CrPC, where before a Judicial Magistrate 2 she disclosed her desire to stay with her parents, it cannot be said that she has been illegally detained. Nothing survives in this application.
Accordingly, the writ application stands dismissed without any costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on usual undertaking.
(Ashim Kumar Roy, J.) (Amitabha Chatterjee, J.) 3