RAM SHARAN BAGHEL Vs. STATE OF M P

JUDGEMENT

(1.) With the consent of parties, this petition is disposed of finally.

(2.) The petitioner who is father of his minor daughter namely Preeti aged about 15 years has filed this writ petition seeking issuance of writ of habeas corpus for producing the daughter who has been kidnapped on 26/07/2014 when she had gone to the school, by respondent No. 4.

(3.) The grievance of the petitioner is that immediately after receiving the information with regard to kidnapping of his daughter Ms. Preeti on 26/07/2014 alleging therein that the respondent No. 4 had forcefully taken her along with him and has kept her in his illegal confinement. The respondents No. 5 & 6 are also having hand in glove with the respondent No. 4 and are equally involved in the offence. The wife of the petitioner has lodged complaint at police station Morar, District Gwalior after two days of the incident i.e. on 28/07/2014 and FIR was registered bearing crime No. 554/2014 against the respondent No. 4 for the offence punishable under section 363 of IPC. The respondent No. 5 is friend of respondent No. 4 whereas, the respondent No. 6 is the landlord of the house in which the respondent No. 4 lived. Soon after the incident, respondent No. 5 contacted the petitioner's wife and requested her not to lodge a complaint before the police and gave assurance that child shall be returned back within two days. After FIR was lodged against respondent No. 4, respondent No. 5 threatened the petitioner as well as his family members with dire consequences, if report is not taken back immediately. The petitioner informed the police with regard to the connivance of the respondents 5 & 6 with respondent No. 4 and on 02/08/2014 requested them to take immediate action, but no heed was paid to the request and no concrete efforts were made by the police. Considerable time had been lapsed after daughter of the petitioner was kidnapped on 26/07/2014, but the police is not able to trace the corpus or give any clue with regard to her whereabout.