Bablu Sav v. State Of Haryana

              



   

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31. On 10.01.2024, this Court had passed the hereinafter extracted order:- "1.

Through the instant writ of habeas corpus, the petitioner craves for release of his minor daughter, detenu Mira Kumari, aged about 14 years, from the illegal custody of respondents No.5 to 7.

2.

The learned State counsel has informed this Court that, despite registration of FIR No.200 dated 23.06.2023, at P.S. Sector 5, Panchkula, the alleged detenu Mira Kumari has not yet been traced.

3.

In such circumstances, this Court deems it appropriate to call for a personal affidavit of the Commissioner of Police, Panchkula, who shall detail therein all the efforts, as made by the police to trace the alleged detenu, besides shall also detail therein the stage of investigation. In addition, the said affidavit shall also disclose the further course of action, as proposed by the Commissioner of Police, Panchkula, to trace the alleged detenu.

4.

List on 16.01.2024 for awaiting the affidavit.

5.

It is clarified that the above affidavit shall be positively filed on or before the subsequent date of hearing. In case, the asked for affidavit is not filed within the stipulated period, the Commissioner of Police, Panchkula, is directed to record his personal appearance before this Court, at 10:00 a.m., on the subsequent date of hearing." 2.

In compliance of the hereinabove extracted order, reply on affidavit of Sibash Kabiraj, IPS, Commissioner of Police, Panchkula, was filed before this Court. The reply makes revelations that the Commissioner of Police, Panchkula, had carried out a strenuous exercise, which resulted in the alleged detenu Mira Kumari becoming traced and recovered from the custody of respondent No.5-Vicky, against whom FIR No. 200 dated 23.06.2023, has been registered at P.S. Sector 5, Panchkula. Thereafter, the alleged detenu was produced before the learned Magistrate concerned, whereupon, her statement under Section 164 of the Cr.P.C was recorded. In her statement, the alleged detenu deposed that she had voluntarily accompanied the respondent No.5-Vicky and she has solemnized marriage with him and now she wants to reside with him.

3.

The reply (supra) further reveals that since the alleged detenu is aged about 14 years and 11 months and she had refused to join the company of the present petitioner, who is her father, therefore, she has been shifted to "Ashiana", i.e. a home for destitute. 4.

In view of the above, this Court, at this stage, deems it appropriate to direct the respondent-State to,



through a qualified counselor, conduct counseling of the alleged detenu/victim, and thereupon, the outcome of the counseling so conducted shall, in the shape of a report, be placed before this Court.

5.

It is clarified that if the counselor concerned may deem it necessary to conduct multiple counseling sessions with the alleged detenu/victim, then as many counseling sessions as required, shall be conducted. 6.

List on 25.04.2024 to await the outcome of counseling.

7.

In the meantime, the officials of "Ashiana" concerned are directed to ensure that the alleged detenu/victim is provided with all the basic amenities of life, besides shall also be provided assistance, by making requisite arrangement(s), if she desires to pursue her studies.4 , *% #*" 0  #0*"# '

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