Abed Ali v. The State of Assam and 9 Ors

ORDER 06-03-2024 (M.R.Pathak, J) Heard Mr. K Islam, learned counsel for the petitioner and Mr. P Sharma, learned Additional Senior Government Advocate, Assam for the State respondent Nos. 1 to 7. It is alleged that the victim, a minor girl, daughter of the petitioner was kidnapped by the private respondent Nos. 8, 9 & 10 on 27.07.2023 at around 2 PM from his house. The petitioner on 31.07.2023 lodged an FIR before the Nayeralga Police Outpost in that regard, which was accordingly registered as Bilasipara Police Station Case No. 275/2023 on

01.08.2023 under Section 366(A) of the IPC corresponding to GR Case No. 497/2023. As the minor victim girl could not be traced out, her father, i.e., the petitioner filed this Habeas Corpus petition on 25.08.2023. As per the report of the Superintendent of Police, Dhubri having jurisdiction over Bilasipara Police Station submitted a report that a lookout notice of the accused, respondent No. 8 was issued immediately after registration of the police case, who allegedly kidnapped the minor victim girl and such notice was published in the media by the District Information & Public Relation Officer, Dhubri and in other places. Thereafter, on receipt of the technical inputs regarding the whereabouts of the victim girl, a three member team led by one Sub-Inspector left for Bengaluru on 03.09.2023 and search was conducted in various hideouts along with Police from Bengaluru, Karnataka. Ultimately, the minor victim girl could be recovered on 05.09.2023 at around 12:45 PM from Bahalpur, Chapar, Dhubri. Then she was taken to Dhubri Medical College, Dhubri for her medical examination and thereafter, she was produced before the CWC, Dhubri. As per the order of the CWC, Dhubri the minor victim girl was then kept at Care India Page No.# 4/4 Foundation Centre, Surjyakhata, Bilasipara. Later, on 07.09.2023, the minor victim girl was produced before the Sub Divisional Judicial Magistrate, Bilasipara for recording her statement under Section 164 CrPC and thereafter, on completion of recording of statement under Section 164 CrPC and as per the order of the SDJM, Bilasipara, the minor victim girl was handed over to her father in the evening of 07.09.2023. Pursuant to our earlier order, Mr. P Sharma, learned Additional Senior Government Advocate, Assam through the Superintendent of Police, Dhubri placed a copy of the 164 statement of the minor victim girl, recorded in said Bilasipara Police Station Case No. 275/2023 on 07.09.2023. We have perused the same and that be returned to Mr. P Sharma, learned Additional Senior Government Advocate, Assam. Since the minor victim girl has already been recovered and handed over to her father, i.e., the petitioner, nothing survives in this Habeas Corpus petition and accordingly, for the reasons above, this writ petition stands dismissed.

JUDGE JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010188242023 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oW.P.(Crl.)/31/2023o ABEDoALIo S/OoKASHEMoALI,o RESIDENToOFoJHELTURoCHARoPARToIII,oPOoANDoPSoBILASIPARA,oDISTo DHUBRI,oASSAMo783348 VERSUSo THEoSTATEoOFoASSAMoANDo9oORSo REPRESENTEDoBYoTHEoCHIEFoSECRETARYoTOoTHEoGOVT.oOFoASSAM,o DISPUR,oGUWAHATIo06 2:THEoCOMMISSIONERoANDoSECRETARY oGOVT.oOFoASSAM oHOMEoDEPARTMENTo oDISPUR oGUWAHATIo06 3:THEoDIRECTORoGENERALoOFoPOLICE oASSAM oULUBARI oGUWAHATIo05 4:THEoSUPERINTENDENToOFoPOLICE oDHUBRI oASSAM 5:THEoOFFICERoINoCHARGE oBILASIPARAoPOLICEoSTATION oDISToDHUBRI oASSAM Page No.# 2/4 6:THE SUB DIVISIONAL POLICE OFFICER BILASIPARA BILASIPARA SUB DIVISION DIST DHUBRI ASSAM 7:THE IN CHARGE NAYERALGA POLICE OUT POST PS BILASIPARA DIST DHUBRI ASSAM 8:MIJANUR ISLAM S/O SOPIYAR RAHMAN RESIDENT OF JHELTUR CHAR PART III PS BILASIPARA DIST DHUBRI ASSAM 9:SOPIYAR RAHMAN S/O HOSSEN ALI RESIDENT OF JHELTUR CHAR PART III PS BILASIPARA DIST DHUBRI ASSAM 10:MAINUR ISLAM S/O SOPIYAR RAHMAN RESIDENT OF JHELTUR CHAR PART III PS BILASIPARA DIST DHUBRI ASSA Advocate for the Petitioner : MR. M U MONDAL Advocate for the Respondent : GA, ASSAM Page No.# 3/4 BEFORE HONOURABLE MR. JUSTICE MANASH RANJAN PATHAK HONOURABLE MR. JUSTICE BUDI HABUNG