Petitioner challenged inaction of police in recovery of missing adult woman. Court found she was an adult who willingly left parental home and is residing elsewhere, finding no illegal detention and disposing of the petition.
The habeas corpus petition was disposed of with no interference called for.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WPA (H) 70 of 2022 Kartick Chowdhury
v.
State of West Bengal & Ors.
| 02.01.2023 SL-01 |
Mr. Partha Sarathi Das Mr. Kausik Biswas |
… for the petitioner. |
|---|---|---|
| Ct.32 (S.R.) |
Mr. Debabrata Chatterjee, Ld. APP Mr. Simanta Kabir |
… for the State. |
| Mr. Ramdulal Manna | ||
| Ms. Manju Manna (Dey) | ||
| Mr. Sayan Mukherjee … for |
the respondent no.8. |
Mr. Das, learned advocate appearing for the petitioner submits that the petitioner is the uncle of Neha Chowdhury (in short, Neha). Neha went missing from her parental house on and from 28th August, 2022. A complaint to that effect was lodged in the local police station and though on the basis of the same, Habibpur Police Station Case No.284 of 2022 dated 28th August, 2022 under Sections 363/365 of the Indian Penal Code was registered, appropriate steps were not taken by the police authorities to recover Neha. Alleging such inaction, a representation was submitted to the Superintendent of Police, Malda on 2nd November, 2022 but no steps were taken and as such, the petitioner was constrained to approach this Court.
Mr. Manna, learned advocate enters appearance on behalf of the respondent no.8 and denies the contention of the petitioner.
Mr. Kabir, learned advocate appearing for the State
2
submits that on the basis of the petitioner’s complaint Habibpur Police Station Case No.284 of 2022 dated 28th August, 2022 was registered and in course of investigation, Neha was recovered on 29th November, 2022. Neha’s statements were recorded under Section 164 of the Code and a perusal of the same would reveal that she willingly left her parental house and that she is presently residing at Kolkata.
Mr. Kabir further informs this Court that the principal accused, namely, Rudra Murmu surrendered before the learned Court below and he was subsequently enlarged on bail. Let the documents, including the recovery memo and the statement of Neha, as produced, be kept on record.
Heard the learned advocates appearing for the respective parties.
It appears that Neha is an adult lady. She willingly left her parental house and is presently residing at Kolkata. We do not find any material to infer that she had been illegally detained.
In view thereof, no further interference is called for in the present application.
The habeas corpus petition being WPA (H) 70 of 2022 is, accordingly, disposed of.
(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)
1 issue framed by the court
Whether the learned Court should interfere in the habeas corpus petition filed on the ground of cowlick of an adult woman who had willingly left her parental home.
Kartick Chowdhury
State of West Bengal
Partha Sarathi Chatterjee
Tapabrata Chakraborty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
