BHAJAN LAL Vs. STATE AND ORS.

JUDGEMENT

(1.) Instant petition has been filed by father of the alleged minor daughter Kumari Preeti Sharma (detenue) who according to him was illegally abducted by respondent-7 Santosh on 04.12.2014 when she went to market for purchasing some household items and without any loss of time immediately when this fact revealed to the petitioner of she being illegally abducted, on a written complaint FIR No. 467/2014 dt. 07.12.2014 was registered for offence u/S. 363, 364 & 366 IPC & Sec. 7/8 of Protection of Child From Sexual Offences Act, 2012. According to the petitioner when no action was taken by the policy authorities to recover the detenue whose date of birth recorded in school records is 14.07.1998 being a minor, he approached to this Court by filing instant habeas corpus petition. Notices of the present petition were issued to the respondents on 17.12.2014 and the matter was posted for 05.01.2015. It was also observed by this Court that if the detenue is recovered her statement be recorded u/S. 164 Cr.P.C. and liberty was granted to the Investigating Officer to take appropriate steps in the welfare of the detenue. However, reply to the petition has not been filed.

(2.) Counsel for respondent-State submits that the detenue was recovered on 17.12.2014 and produced before the learned Magistrate and at that point of time there was an application filed by father of the alleged detenue, Bhajan Lal petitioner herein, for taking custody of her alleged minor daughter and on the said application order was passed to handover custody of the alleged minor daughter to her parents by the learned Magistrate on 17.12.2014 and her statement came to be recorded u/S. 164 Cr.P.C. after five days on 22.12.2014.

(3.) It is indeed that the detenue is no more under illegal custody after her custody has been handed over to her parents and in the light of the statement of the detenue which has been recorded on 22.12.2014 u/S. 164 Cr.P.C., law may take its own course but at the same time before parting with the order we would like to observe that invariably it is brought to our notice that as & when detenues (minor girls/child) are recovered their custody is handed over to the parents or to their well-wisher after seeking appropriate orders from the learned Magistrate or by the Investigating Officer after recording due satisfaction and the statement u/S. 164 Cr.P.C. is normally recorded after 5-7 days and further investigation which takes place after the statement being recorded u/S. 164 Cr.P.C. of the detenue, that shakes confidence of the people.