Himachal Pradesh High Court
Sanjeev Kumar vs State Of Himachal Pradesh & Others on 2 March, 2015
Bench: Sanjay Karol, P.S. Rana
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
.
Cr. Writ Petition No. 24 of 2014
Date of Decision : March 2 , 2015
Sanjeev Kumar ... Petitioner
Versus
State of Himachal Pradesh & others ... Respondents
Coram:
The Hon'ble Mr. Justice Sanjay Karol, Judge.
The Hon'ble Mr. Justice P. S. Rana, Judge.
Whether approved for reporting? No. 1
For the petitioner : Ms. Bhawna Dutta, Advocate, for the
petitioner.
For the respondent : Mr. V. S. Chauhan, Addl. Advocate General for
respondents No. 1 to 6-State.
Mr. N. K. Thakur, Sr. Advocate, with Ms. Ishita
Bhandar, Advocate, for respondents No. 8 to
10.
Mr. Ashok Sharma, Assistant Solicitor General
of India, for respondent No. 16.
Sanjay Karol, J. (Oral)
Sh. Ashok Kumar, Addl. Superintendent of Police, C.B.I. Shimla Branch is present alongwith L/HC Yogeshwari No. 228, I.O. Police Post Lakkar Bazar, Shimla and L/C Urvashi Whether reporters of Local Papers may be allowed to see the judgment?
::: Downloaded on - 15/04/2017 17:41:50 :::HCHP 2No. 263, P.S. Sadar, Shimla. He has produced the custody of Ms. Indu Bala. Compliance report dated 2.3.2015, duly .
signed by the Officer as also learned Assistant Solicitor General of India, is taken on record. On our request Ms. Archana Dutt, Advocate, having long standing at the Bar, had interacted with the girl. As per compliance report, which fact also stands verified by Ms. Archana Dutt, learned Advocate, as is also so stated by Ms. Indu Bala before us in the Court, she had voluntarily left the company of her parents to join the company of Manjit Kumar (respondent No. 7). Also she is a major.
2. We are fully appreciable of the efforts put in by Ms. Archana Dutt, Advocate, in making the parties understand the implication of their actions. We are also appreciable of the efforts put in by the officers of the Central Bureau of Investigation in searching Ms. Indu Bala, whose whereabouts were not known either to her parents or parents of respondent No. 7 or anyone of his relatives. As such, we find that no other and further orders are required to be passed in the matter.
3. Mr. N. K. Thakur, learned Senior Counsel appearing for private respondents No. 8 to 10 has assured the learned counsel for the petitioner, of the safety of Ms. Indu Bala.
::: Downloaded on - 15/04/2017 17:41:50 :::HCHP 34. Mr. Ashok Sharma, learned Asstt. Solicitor General of India further states that respondent No. 7 is to be produced .
before the concerned Magistrate/Sessions Judge, today itself. We are hopeful that the authorities below shall take all appropriate action, in accordance with law, after taking into account the compliance report so furnished by the Central Bureau of Investigation, copy of which shall also be placed before them.
5. Learned Asstt. Solicitor General of India as also Learned Addl. Advocate General undertake to convey the order to the respective public prosecutors, today itself.
In view of the aforesaid, petition stands disposed of.
(Sanjay Karol), Judge.
March 2 , 2015 (PK) (P. S. Rana),
Judge.
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