IBRAHIM ALIKHAN Vs. STATE OF ORISSA

JUDGEMENT

(1.) THE guardian of a minor girl approaches the portals of this Court seeking issuance of a writ of Habeas Corpus directing the opposite parties to produce Khatija Khatun @ Pinu, and to take appropriate action against the culprits who have kidnapped the minor girl.

(2.) THE petitioner asserts that he is the guardian of Pinu, aged 17 years, who happens to be the daughter of his elder brother Yusuf Alli Khan. It is stated that his elder brother died leaving behind his widow and minor daughter under the care of the petitioner. While the matter stood thus, on 23.11.2000 in the mid day Pinu who had gone to tailors shop for getting her clothes stitched, did not return home. All the endeavour made by the petitioner, other relatives and friends to trace out the minor girl ended in vain. Having failed to trace out his niece, the petitioner filed an F.I.R. in the Balasore Town police station on 23.11.2000 in the evening itself. On the basis of the said F.I.R., P.S. Case No.313 of 2000 was registered under Section 363/34, IPC. The petitioner further asserts that a group of culprits are operating sex scandal in the district of Balasore and their modus operandi is to kidnap minor girls and involve them in the flesh trade. The petitioner alleges that though he approached the authorities on several occasions and met the concerned police officer and higher officers in the police administration, they have utterly failed either to trace out the victim girl or to inform the petitioner about her whereabouts. Under such eventualities, the petitioner has no other way out but to file the present application for issuance of a writ of Habeas Corpus.

(3.) WE have heard learned counsel for the parties at length. We have also perused the case diary presented before us by the learned counsel for the State. Admittedly, the victim girl who is missing since 23.11.2000 has not been traced out till today by the investigating agency. The case diary reveals that the investigating agency has examined number of persons of the locality. Some materials are available to show that the victim girl had fled away with Jhuna @ Prakash Das of Mansingh Bazar who was her lover. The investigating agency has failed to trace out the said man and to arrest him till today. The way the investigation has progressed, throws a cloud of suspicion on the eagerness of the prosecution agency to trace out the girl or the alleged accused. This fact also gets fortified from the order of this Court dated 15.5.2001. For the sake of brevity, the said order is quoted hereinbelow: "The Officer -in -charge of the Balasore Town Police Station is personally present in Court and files an affidavit on behalf of opposite party No.2 along with the Xerox copy of two newspapers wherein the photograph of the victim girl has been published. It is stated in the affidavit that the third copy of the photograph has been supplied on 6.4.2001 whereafter it was forwarded to the Superintendent of Police, C.I.D., Crime Branch, Cuttack which has since been published in the newspapers "Aji Kali" and 'Dhwani Pratidhwani". But, probably no one outside Balasore has heard of these newspapers, leave aside reading them. Accordingly, steps should be taken to publish the photograph of the victim girl in one vernacular newspaper having wider circulation in the State. Since the photograph has also been sent to the D.I.P.R.O., it should be flashed in Doordarshan without any further delay. The Superintendent of Police, Balasore, should ensure that steps are taken to proceed with the investigation effectively and expeditiously and that should be under his supervision. Ratikanta Behera should further be examined and efforts should also be made to examine Santosh Kumar Dash of Jhinkiria of Sadar P.S., Balasore (uncle of Jhuna) and efforts should be made to find out the details of other relatives from whom also information be collected about Jhuna. Manoj Mallick should also be examined and information be called so as to ascertain the possible places where said Jhuna may be frequently visiting. A memo along with some letters stated to have a bearing on the case, have been placed before the Court by the counsel for the petitioner, copy whereof is handed over to the State Counsel in Court. During the course of investigation the I.O. may also take this aspect into consideration. Call this matter on the 20th of June, 2001 on which date the status report should be submitted by the Superintendent of Police, Balasore." It is rather surprising that in spite of specific directions issued by this Court, the investigating agency did not rise to the occasion. The investigation itself reveals that it has been conducted in a perfunctory manner. It also surprises us as to how the investigating agency submitted final report when the whereabouts of the victim girl, who was alleged to have been kidnapped is not known, or in other words the police had failed to trace out the whereabouts of the said girl. The investigating agency has taken the plea that the victim girl has become major. But then as would be evident from the dates, she was born on 1.6.1981 and she was kidnapped on 23.11.2000. Thus, she was hardly 19 years. Though according to law, she has become major, but then kidnapping of young girls cannot be taken lightly only on the ground that the victim girl is a major having attained the age of 19 +. A number of allegations have been received regarding the sex scandal continuing in Balasore district. Under such eventualities according to us, the investigating agency should have been a little more vigilant and should have risen to the occasion and at least tried to trace out the victim girl and/or at least ascertain about her safety. Perusal of the affidavit and the case diary clearly reveals that the investigation agency has proceeded in a stereotype manner. The will to trace the victim girl appears to be lacking. Be that as it may, in view of the stand taken by the investigating agency that it has already submitted final report in the G.R. Case, which is pending in the Court of the learned Magistrate, though we are not very much satisfied the way the investigation was conducted, we dispose of this writ application with a direction that notice as required under Section 173 of the Cr.P.C. be issued to the petitioner, if the same has not been issued till today. On receipt of the said notice, it would be open for the petitioner to file his objection and also file a petition before the learned Magistrate for directing re -investigation in consonance with Sub -section (8) of Section 173 of the Cr.P.C. If such a petition is filed, we are sure the learned Magistrate, after perusing the case diary and other materials available, pass necessary orders in accordance with the Code of Criminal Procedure. Application disposed of.