SHYAMAL KUMAR DHAR Vs. STATE

JUDGEMENT

(1.) In the instant writ petition, the petitioners prayed for an appropriate direction to be issued upon the C.B.I. authorities to investigate and find out their missing daughter Susmita Dhar who was a student of Ist year M.A. of Jadavpur University. It has been submitted that the said girl along with her classmates, tutors and two other persons who are stated to be uncle and aunt being respondent Nos. 11 and 12 left for Chandipore on 13th May, 1995.

(2.) The case of the petitioners is that on 13th May, 1995 Shri Shyamal Dhar, petitioners No. 1 being the father of Susmita Dhar, took her to Howrah Station for the aforesaid journey to Chandipore. While other students who accompanied Susmita duly returned from Chandipore, the said Susmita did not return and actually she was missing from 16th May, 1995 from Santi Nivas Hotel at Chandipore. The other girls who accompanied Susmita lodged a complaint at Chandipore Police Station. A complaint was also lodged in Calcutta with the Special Superintendent, Missing Squad at Lord Sinha Road, Calcutta and subsequently on 29th May, 1995 two other complaints were lodged. On 26th June, 1995 another complaint was lodged with the appropriate authority of the State.

(3.) It appears that the petitioners also moved a Habeas Corpus petition being Crl. Misc. No. 4916/95 before a Division Bench of this Court. The said Division Bench after hearing the petitioner, the State and other private respondents recorded how the girl was missing and it was also noted that the petitioner lodged a missing information not only with the Director General of Police, West Bengal but also made a formal complaint on 29th May, 1995 before the Criminal Investigation Department, West Bengal. The Division Bench however passed an order inter alia as follows :-