'Take Effective Steps To Secure Her': Calcutta HC Seeks Investigation Report In Habeas Corpus Plea Filed By Missing Girl's Father

The Calcutta High Court on Thursday directed the concerned police authorities to take all possible steps to find out the whereabouts of a 17 year old girl who had allegedly been abducted, and further submit a report detailing the progress of the investigation. 

A Bench comprising Justice T. S. Sivagnanam and Justice Hiranmay Bhattacharyya were adjudicating upon a habeas corpus plea filed by the father of the minor girl. It was alleged that although an FIR has been registered against the accused persons, no progress has been made in the investigation. 

Directing the concerned police authorities to file a report in the form of an affidavit detailing the progress of the probe before the next date of hearing, the Court observed, 

"We direct the respondent police to take further effective steps in securing the missing minor girl and take all steps to arrest the respondent nos.4 to 7 and produce them before this Court at the earliest."

The petitioner alleged that his minor daughter aged about 17 years had been abducted by the 4th respondent, who has been actively assisted by the respondent nos.5 to 7, who are none other than the father, mother and brother of the 4th respondent.

The Court was further apprised that although an FIR had been registered on February 21, 2022 under Sections 363,365 and 34 of the IPC in the concerned police station, however no progress had been made in the police investigation. 

Senior advocate Amitesh Banerjee appearing for the State submitted that soon after the registration of the FIR, effective steps were taken by the police authorities and statements had been recorded from various persons under Section 161 CrPC. He further averred that documents had been seized, raids had been conducted and photographs had also been publicised in various media outlets. 

The senior counsel further submitted that respondent nos.4 to 7 are absconding and not available in the village and that effective steps had been taken by the police authorities to trace the missing minor girl.

On the other hand, advocate Ayan Poddar appearing for the petitioner apprised the Bench that respondent nos.5 to 7 continue to reside in the village and that it may not be correct to assert that respondent nos.5 to 7 are also absconding. He thus prayed for directions to secure the presence of the abducted minor girl at the earliest. 

Directing the police authorities to file a report on the progress of the investigation, the Court listed the matter for further hearing on March 17. 

Case Title:  Khokan Jana v. The State of West Bengal & Ors.

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