Dinesh Saha v. State Of West Bengal And ORS.

04.04.2024 Sl No.6 Court No.8 (gc) WPA(H) 20 of 2024 Dinesh Saha Vs.

The State of West Bengal & Ors.

Mr. Ramkrishna Bhattacharyya, Mr. Kaushik Choudhury ... for the Petitioner.

Mr. Debabrata Chatterjee, Ld. A.P.P., Mr. Simanta Kabir ... for the State.

Mr. Biswajit Manna ...for the Respondent Nos.8.9 & 10.

1. In view of recovery of the victim child as stated by the Superintendent of Police in the report dated 3rd April, 2024, we dispose of this petition by recording that the child has been recovered and shall be produced before the learned Chief Judicial Magistrate, Balurghat Court, District Dakshin Dinajpur, West Bengal.

2. We would request the learned Chief Judicial Magistrate to record the statement of the victim under Section 164 of the Criminal Procedure Code following due procedure at the earliest.

3. Accordingly, the habeas corpus petition being WPA (H) 20 of 2024 is disposed of.

4. This order shall be communicated on behalf of the prosecution to the learned Chief Judicial Magistrate, Balurghat Court,

District Dakshin Dinajpur, West Bengal for information and doing the needful.

5. The report filed by the Superintendent of Police, Dakshin Dinajpur District is taken on record.

6. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.

(Soumen Sen, J.) (Uday Kumar, J.)