Dismissed

Surendra Das v. The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

Patna HC20 Dec 2022CR. WJC/1543/2022

Case brief

AI extract

What is this about?

The Patna High Court disposed of the writ application seeking recovery of a kidnapped minor daughter. The court observed that an FIR was registered and directed the respondent authorities to bring the criminal case to a logical conclusion as soon as reasonably possible.

What did the court decide?

Direction to respondent authorities to ensure the registered criminal case is brought to a logical conclusion as soon as reasonably possible.

Surendra Das Vs The State of Bihar… — Constitutional and Fundamental Rights | Patna HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Criminal Writ Jurisdiction Case No.1543 of 2022

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Arising Out of PS. Case No.-390 Year-2022 Thana- HARSIDHI District- East Champaran

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======================================================

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SURENDRA DAS S/o Sharma Das R/o Village- Ranichapra, P.S.- Harsiddhi, Distt- East Champaran.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna. Bihar

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The Additional Inspector General of Police, Govt. of Bihar, Patna. Bihar

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The Superintendent of Police, East Champaran, Motihari. Bihar

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The Deputy Superintendent of Police, Areraj, East Champaran. Bihar

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The Officer-in-charge, Harsiddhi P.S., Distt- East Champaran. Bihar

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... ... Respondent/s

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======================================================

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Appearance :

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For the Petitioner : Mr.Abhishek Kumar, Advocate Ms. Rashmi Jha, Advocate For the Respondent : Mr. Vishwa Bibhuti Kumar Singh, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH and

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HONOURABLE MR. JUSTICE CHANDRA PRAKASH SINGH

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ORAL ORDER

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(Per: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH)

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3 20-12-2022 Heard learned counsel appearing on behalf of the petitioner and learned counsel representing the State.

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The petitioner has filed the present writ application seeking a direction to the respondent authorities to recover the petitioner’s minor daughter who is said to have been kidnapped.

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From the pleadings on record, it appears that the petitioner has got registered an FIR giving rise to Harsiddhi P.S.

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Patna High Court CR. WJC No.1543 of 2022(3) dt.20-12-2022 2/3

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Case No. 390 of 2022 dated 11.08.2022 disclosing commission of offences punishable under Sections 366A, 504 read with 34 of the Indian Penal Code and Sections 8/10 of the POCSO Act.

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Heard learned counsel appearing on behalf of the petitioner and learned counsel representing the State.

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The petitioner has filed the present writ application seeking a direction to the respondent authorities to recover the petitioner’s minor daughter who is said to have been kidnapped.

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From the pleadings on record, it appears that the petitioner has got registered an FIR giving rise to Harsiddhi P.S. Case No. 390 of 2022 dated 11.08.2022 disclosing commission of offences punishable under Sections 366A, 504 read with 34 of the Indian Penal Code and Sections 8/10 of the POCSO Act.

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Learned counsel appearing on behalf of the petitioner has submitted that the police are not taking the desired action in the criminal case which was lodged nearly four months back.

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Considering the circumstance that an FIR has already been registered, we deem it proper to dispose of this application with the sole observation that let the respondent authorities ensure that the aforesaid criminal case is brought to a logical conclusion as soon as it is reasonably possible, keeping in mind the fact that the matter relates to the alleged kidnapping of a

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Patna High Court CR. WJC No.1543 of 2022(3) dt.20-12-2022 3/3

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minor girl as per the FIR.

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(Chakradhari Sharan Singh, J)

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( Chandra Prakash Singh, J)

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gauravkr/-

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U T

Surendra Das v. The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

Case brief

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Surendra Das v. The State of Bihar through the Principal Secretary, Home Department, Govt. of Bihar, Patna.

Case brief

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