Hari Krishno v. State Of Chhattisgarh And ORS.
NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W rit Petition (HC) No.
of 201 Hari Krishno, S/o Gangaram Barman, Aged about 40 years, Resident of Village Parsada, Tahsil-Harsoud, Police Station - Harsoud, PoliceStation -Harsoud, Police Station- Harsoud, Revenue District and District- Janjgir Champa, Chhattisgarh.
---- Petitioner
Versus
1. State Of Chhattisgarh Through Director General of Police, Police Head Quarter, Raipur, District Raipur (C.G.)
2. Inspector General of Police, Bilaspur, District - Bilaspur (C.G.)
3. Superintendent of Police, Janjgir-Champa, District - Janjgir-Champa, Chhattisgarh.
4. Police Station Officer, Police Station - Harsoud, District- Janjgir Champa, Chhatisgarh.
5. Manoj Kumar Kurre, S/o Samay Lal Kurre, Aged about 20 years, Village-Parsada, Police Station- Hasoud, Revenue District and District - Janjgir Champa, Chhattisgarh
6. Samay Lal Kurre, S/o Aged about years, Village-Parsada, Police Station- Hasoud, Revenue District and District- Janjgir Champa, C.G.
7. Smt. Tulsi Bai Kurre, W/o Samay Lal Kurre, Aged about years, Village- Parsada, Police Station-Hasoud, Revenue District and District Janjgir Champa, Chhattisgarh
8. Karan Kurre, S/o Mahadeo Karre, Aged about years, Resident of Village - Parsada, Police Station- Hasoud, Revenue District and District - Janjgir Champa, Chhatisgarh ---- Respondents For Petitioner : Mr. R.K. Bhagat, Advocate For State : Mr. Y.S. Thakur, Additional Advocate General Hon'ble Shri Pritinker Diwaker, Ag. Chief Justice Hon'ble Shri Justice Sanjay K. Agrawal Order On Board Sanjay K. Agrawal, J 0 8/0 3 /2017 (1) The petitioner has filed instant writ of Habeas Corpus stating inter alia
that his minor daughter Babli, who was studying in Primary Government School at Parasada, Tahsil - Jaijaipur, District Janjgir Champa, was unlawfully kidnapped by respondent No. 5 and since then respondent No. 5 and his minor daughter Babli are missing. It has further been stated that the FIR has also been lodged to this effect on 23.02.2014 in the police Station Harsoud but there is no progress in the investigation and his daughter is still missing. He has apprehension that his minor child is in unlawful custody of respondents No. 5 to 8.
(2) Pursuant to the direction given by this Court, the State Authorities has made extensive search and filed affidavits of Superintendent of Police, District Janjgir Champa dated 15.05.2014. 09.07.2014, 13.08.2014, 16.10.2014, 18.11.2014, 17.12.2014, 02.02.2015, 18.03.2015, 24.4.2016 & 4.11.2016.
(3) On 7.11.2016, this Court has recorded a finding as under:- "After going through the copy of affidavit, we are satisfied that the Police has taken adequate action.
Let the Police continue to take action.
List this matter on 8th March, 2017, on which date, the Superintendent of Police shall file fresh affidavit." (4) In compliance of this Court's order dated 7.11.2016, Superintendent of Police, Janjgir-Chama has filed affidavit on 4.11.2016 and has detailed the efforts taken to find out the missing minor girl Babli and stated as under:- "7. That after that call details of mobile No.8878337628 which respondent No. 5 was using earlier and the call details of the cousin brother of the respondent No. 5 namely Dheeraj Kurre were obtained to trace out the minor girl. Thereafter a message was also broadcasted in Facebook, Whatsapp and local Cable T.V. Channel showing the details of minor girl and respondent No. 5.
8. That a consent was also asked from the father of the minor girl i.e. the present petitioner for broadcasting the
missing person news in National Channel i.e. Doordarshan but he refused to give his consent.
9. That on 30/09/2016 police party also went to the house of one Vishwanath Banjare who is brother-in-law of respondent No. 5 and searched his house but nothing could be traced out from him."
(5) The said affidavit is taken on record, we are satisfied that the police has taken the requisite steps to find out missing girl Babli, we reiterate and say the police shall continue to take steps to find out missing girl- Babli. (6) In view of above discussion, the writ petition stands disposed of. Sd/- Sd/- (Pritinker Diwaker) (Sanjay K. Agrawal) Ag. Chief Justice Judge D/-