Dismissed

Sasthi Majhi @ Sasthi Rani Majhi v. State of West Bengal and Ors.

Calcutta HC6 Jan 2023WPA(H)/1/2023

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition seeking production of her minor daughter, alleging illegal detention by private respondents. State reported the girl was recovered and handed over to Ananda Kendra Home. Court found no material to infer illegal detention and disposed of the petition.

What did the court decide?

Petition allowed but no further order to produce the girl as she is residing at Ananda Kendra Home.

Sasthi Majhi @ Sasthi Rani Majhi Vs… — Constitutional and Fundamental Rights | Calcutta HC (2023)

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06.01.2023 Item No.02 Court No.32 Avijit Mitra

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WPA (H) 1 of 2023

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In re: An application under Article 226 of the Constitution of India;

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And

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Smt. Sasthi Majahi @ Sasthi Rani Majhi -vs-

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State of West Bengal & ors.

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Ms. Sibangi Chattopadhyay

….for the petitioner

Mr. Sabir Ahmed,

Mr. Simanta Kabir

…for the State

Affidavit of service filed by the petitioner be kept on

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record.

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The present habeas corpus petition has been

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preferred primarily praying for the following relief :

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“a) A writ in the nature of Habeas Corpus directing the respondent no. 2, 3 & 4 and their men, agents and subordinates to produce Deepa Majhi the Daughter of the petitioner before the Hon’ble Court”

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Ms. Chattopadhyay, learned advocate appearing for the petitioner submits that the petitioner’s daughter went missing on 5^th December, 2022 and she got the information that the private respondent nos. 5 to 7 illegally detained the victim girl and she approached the private respondent nos. 5 to 7 to return the victim girl to her custody. The private respondent nos. 5 to 7 refused to do the same and consequently she lodged one complaint with the concerned police station which gave rise to Hingalganj Police Station

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Case No.282 of 2022 dated 26^th December, 2022 but the concerned police authorities did not take any steps to recover the said girl from the custody of the private respondents and to hand over the custody of the victim to the writ petitioner and hence she has been constrained to prefer the instant habeas corpus petition and she submits that an appropriate order is required to be passed so that she can get the custody of the victim girl, who is a minor.

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Mr. Kabir, learned advocate appearing for the State respondents submits that on the basis of the complaint lodged by the petitioner, Hingalganj Police Station Case No.282 of 2022 dated 26^th December, 2022 under Sections 363/365/364 of the Indian Penal Code was started and in course of investigation of that case the victim girl was recovered and her statement was recorded under Section 164 of the Code of Criminal Procedure and after completion of all formalities, the custody of the victim girl has been handed over to ‘Ananda Kendra Home’ Atghara, Police Station Baduria, North 24 Parganas on 27^th December, 2022 and the girl is still residing there. Let the copies of the documents, as produced, be kept on record.

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Since the victim girl has been recovered and is presently residing at ‘Ananda Kendra Home’, Atghara, Police Station Baduria, North 24 Parganas, we do not find any material to infer that the victim girl has been illegally detained and to issue of writ of habeas corpus .

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In view thereof, no further order is required to be passed in the present habeas corpus petition and the same is accordingly, disposed of.

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It is clarified that this order shall not debar the petitioner from taking any appropriate steps before the appropriate forum, in accordance with law.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties, upon compliance of all requisite formalities.

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(Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty J.)

Sasthi Majhi @ Sasthi Rani Majhi v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Sasthi Majhi @ Sasthi Rani Majhi v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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