Israfil Sk. v. The State Of West Bengal And ORS.

Ct. No. 16 WPA(H) 69 of 2021 RP AN 17.02.2022 Israfil Sk.

vs.

State of West Bengal & ors.

Mr. Uday Narayan Betal Mr. Sujit Bhunia Mr. Bhaskar Hutait ... for the petitioner Mr. Debabrata Chatterjee Ms. Sangeeta Roy ... for the State respondent Mr. Dhananjay Banerjee ... for the respondent 8 & 10 This Habeas Corpus petition has been filed by the mother of the missing person, who is a 17 year old girl, who was missing since September, 2021.

Learned counsel for the State submitted that the minor girl has been recovered on 16.02.2022 and she was in the company of the accused person who has also been arrested and they were produced before the learned Additional Chief Judicial Magistrate, Kalna, Burdwan on 16.02.2022 and remanded to judicial custody. The victim girl was also produced before the same court and the learned court directed her to be produced before the Child Welfare Committee and she is now in the Children Home. Thus, the victim girl having been recovered, we are of the view that the petitioner should be entitled to see for her daughter.

Accordingly, we direct the petitioner to approach

before the Child Welfare Committee and the Child Welfare Committee permits her to visit the Children Home for Girls where the victim girl is presently staying and also permit her to speak to her daughter in the presence of a responsible persons in the Children Home. With regard to other aspects of the matter, we give liberty to the petitioner to approach the appropriate forum for necessary relief including the court of learned Additional Chief Judicial Magistrate, Kalna, Burdwan.

With the above directions, the instant writ petition stands disposed of.

(T. S. Sivagnanam, J.) (Hiranmay Bhattacharyya, J.)