Sumitra Pramanik vs The State Of West Bengal & Ors on 4 June, 2013

[Cites 5, Cited by 2]

Calcutta High Court (Appellete Side)

Sumitra Pramanik vs The State Of West Bengal & Ors on 4 June, 2013

Bench: Jayanta Kumar Biswas

                                1

                         In The High Court At Calcutta
                        Constitutional Writ Jurisdiction
                                 Appellate Side
04.06.13

                            W.P.No.4142 (W) of 2013
                              Sumitra Pramanik
                                      v.
             The State of West Bengal & Ors.

Mr. Apalak Basu
                  ...for the petitioner.

Mr. Swapan Banerjee
Mr. Mirza Foroj Ahmed Begg
                  ... for the State.


      The petitioner in this WP under art.226 of the Constitution of
India dated December 4,2012 is seeking a writ of habeas corpus
commanding the respondents to produce her minor daughter

allegedly kidnapped by one Debasish Sarkar.

By orders dated April 10,2013 and April 17,2013 the officer who was investigating Gangarampur P.S. Case No. 278 dated July 15,2011 under ss. 363/364/365/34 IPC was directed to submit the action taken report before the Court. The officer has sent a report dated April 25,2013 through the advocate for the State. The officer has said that he could not arrest Debasish Sarkar and recover the victim girl, and that his investigation is in progress.

The victim girl was allegedly kidnapped by Debasish Sarkar as back as July 15,2011. The action taken report submitted by the officer investigating the case is not a satisfactory one. We are not in a position to accept that even after conducting raid the officer was unable to apprehend Debasish Sarkar and ascertain the whereabouts of the victim girl. According to the petitioner, at the date of incident the girl was sixteen. We think it is necessary to direct the Director General of Police to look into the matter.

For these reasons, we pass the following order. The Director General of Police shall take immediate steps for recovery of the victim girl. If necessary, he will be free to hand-over the investigation of the case to the CID or to any officer of higher rank. The Director General shall see that an appropriate affidavit is filed next day stating everything concerning compliance with this order. To next monthly list as habeas corpus matter. Certified xerox.

( Jayanta Kumar Biswas, J) sh ( Subal Baidya,J)

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Calcutta High Court (Appellete Side)