A habeas corpus petition was filed by a petitioner alleging the disappearance of a woman with whom he was engaged. The petitioner alleged the police failed to act. However, counsel submitted the woman was recovered from Meghalaya and was with the petitioner. The court dismissed the petition as infructuous.
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GAHC010013222024
THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : W.P.(Crl.)/2/2024
WASEEM RAJA MUGHAL @ ALI MUGHAL S/O MD. SHARIEF MUGHAL, R/O FLAT NO. 304, 3RD FLOOR, JAI SHIV MALAR, SHIVKAR WADI, SHIV GALLY, NEAR VERSOVA CHURCH, ANDHERI WEST, MUMBAI, STATE-MAHARASHTRA
VERSUS
THE STATE OF ASSAM AND 5 ORS REPRESENTED BY THE COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM, HOME DEPARTMENT, DISPUR, GUWAHATI781006
2:THE DIRECTOR GENERAL OF POLICE ASSAM POLICE ASSAM POLICE HEADQUARTERS ULUBARI GUWAHATI-781007
3:THE NATIONAL COMMISSION OF WOMEN PLOT-21 JASOLA INSTITUTIONAL AREA NEW DELHI-110025 4:MRS. REKHA AGARWAL W/O BINOD BHAJANKA R/O RANGOLI APARTMENT-101 G.S. ROAD CHRISTIAN BASTI P.S.-DISPUR DIST- KAMRUP (M) ASSAM
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5:NISHANT BHAJANKA S/O BINOD BHAJANKA R/O RANGOLI APARTMENT-101 G.S. ROAD CHRISTIAN BASTI P.S.-DISPUR DIST- KAMRUP (M) ASSAM
6:THE OFFICER-IN-CHARGE DISPUR POLICE STATION GS RD DISPUR GUWAHATI ASSAM 78100
Advocate for the Petitioner : MR A W AMAN
Advocate for the Respondent : GA, ASSAM
BEFORE
HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE MRIDUL KUMAR KALITA
ORDER
10-05-2024
(M.R.Pathak, J)
Heard Mr. S A Barbhuyan, learned counsel for the petitioner and Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the respondent Nos. 1, 2 & 6.
Petitioner and the victim girl, matured in age, were engaged to be married in Mumbai. The victim girl came to Guwahati on 09.12.2023 before her wedding to be with her parents.
According to the petitioner, she was missing since the noon of 14.12.2023.
Though the petitioner approached the authorities in the Assam Police as well as the National Commission for Women by filing E-complaints, it was submitted that police did not take any steps for recovery of the victim girl.
As such, the petitioner was of the belief that the victim girl was with her parents, who might be involved in her disappearance.
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Mr. S A Barbhuyan, learned counsel, on instruction, submitted that the victim girl was recovered from the State of Meghalaya on 12.03.2024 and presently she is with the petitioner.
In view of such statement made on behalf of the petitioner, this Habeas Corpus petition, being infructuous, stands dismissed.
JUDGE JUDGE
Comparing Assistant
1 issue framed by the court
Whether the habeas corpus petition remains maintainable when the subject (victim) has been recovered and is with the petitioner.
WASEEM RAJA MUGHAL @ ALI MUGHAL
THE STATE OF ASSAM AND 5 ORS
MANASH RANJAN PATHAK
MRIDUL KUMAR KALITA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
