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Calcutta High CourtWPA(H)/100/2024disposed

Samir Adhikary v. State Of West Bengal And ORS.

2025-01-06Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

D/L Item No. 894 06.01.2025 KOLE WPA (H) 100 of 2024 Samir Adhikary -Vs.- The State of West Bengal & Ors.

Mr. Jaydipta Mondal, ... for the petitioner.

Mr. Rana Mukherjee, Mr. Simanta Kabir, ... for the State.

The petitioner says that his daughter went missing on June 5, 2024. He has lodged complaint with the Police. The same has yielded no fruitful result yet. Although his daughter is a major, technically speaking, her mental age is that of a 7/8 years old girl.

Learned State Advocate apprises us with supporting documents that the petitioner's daughter is not missing at all. She is living happily with the person whom she has married. The statement of the petitioner's daughter recorded under Section 164 of the Code of Criminal Procedure has been placed before us. Let the same be kept with the records.

From the said statement we find that the petitioner's daughter has categorically stated that she voluntarily left the paternal house and married the person with whom she is now residing and she wants to continue to reside with that person.

In view of the aforesaid, there is no reason to keep this writ petition pending as it cannot be said that the petitioner's daughter is missing any more.

WPA (H) 100 of 2024 is, thus, disposed of.

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)