TASIM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Satendra Narayan Singh, Advocate holding brief of Sri Rajesh Shukla, learned counsel for the petitioners as well as learned A.G.A. for the State and perused the record.

(2.) This habeas corpus writ petition has been filed by the father of the corpus, Tasim, petitioner no. 1 with the following prayer :

(3.) Learned counsel for the petitioners submits that the petitioner no. 2, Tabbassum (corpus) has herself informed the petitioner no. 1 that she is in illegal custody of respondent nos. 4 to 10 and she requested the petitioner no. 1 to get her out from the illegal custody of the respondent nos. 4 to 10. Thereafter, the father of the corpus i.e. petitioner no. 1 has himself met the respondent nos. 4 to 10 and requested them to let the petitioner no. 2 go along with him but they refused the same and said to him by threatening that he can do whatever he want. Thereafter, petitioner no. 1 has lodged first information report registered as Case Crime No. 0191 of 2021, under Ss. 363 and 366 I.P.C. at Police Station-Thana Bhawan, District-Shamli with regard to abduction of his daughter by the respondent nos. 4 to 10. The petitioner no. 1 is a labour and he used to proceed for his work in the morning and comes back in the evening. The respondent no. 4, Amir son of respondent no. 10, Khurshid has abducted his daughter who is a minor girl with the help of other accused persons. Learned counsel for the petitioners submits that petitioner no. 1 has sent an application on Jan Sunwai portal on 24/6/2021 and 26/6/2021 and a direction was given to S.H.O. of Police Station Thana Bhawan, District Shamli by S.S.P. for taking necessary action and in this regard a report was also submitted on 26/7/2021. On 1/7/2021, the petitioner no. 1 came to know that S.H.O. of Police Station Thana Bhawan, District Shamli has decided the matter and submitted report dtd. 30/6/2021. He further submits that petitioner no. 1 again sent an application online complaining that his daughter has been abducted and anyhow she could not be traced out. In this regard, a direction was given to SHO of Police Station Thana Bhawan, District Shamli for investigating the matter. He further argued that the daughter of the petitioner no. 1 could not be traced out whether she is alive or not. The respondent nos. 4 to 10 have not arrested despite several complaints made by the petitioner no. 1 against them and the minor girl of the petitioner no. 1 has yet not been traced out.