Bateswar Maity And Anr vs State Of West Bengal & Ors

Debangsu Basak, J

Parents of a minor daughter are before Court complaining that, the police are inactive.

It appears from the materials made available to Court that on October 7, 2018, the petitioners lodged a complaint with the police alleging that, the minor daughter of the petitioners was kidnapped by the respondent no. 8. The police treated the complaint of the petitioners as Ramnagar Police Station Case No. 261 of 2018, dated October 7, 2018 under Section 363/356 of the Indian Penal Code and took up the investigation.The investigation is inconclusive as on date. The victim girl is yet to be recovered. The main accused being respondent no. 8 is yet to be arrested. One of the accused obtained bail under Section 348 of the Cr.P.C.

State and the private respondents are represented.

Since the minor daughter of the petitioners is involved, it would be appropriate that, the police transfer the investigation to the Anti Trafficking Unit of the police for investigation. The respondent no. 5 will supervise the investigation. He will take all necessary steps for the purpose of recovering the victim girl.

Learned Advocate appearing on behalf of the petitioners submits that, the petitioners are continuously receiving threats from the private respondents. The private respondents are threatening the petitioners that, in the event the petitioners do not withdraw the writ petition, then the petitioners will suffer dire consequences and that, the minor son of the petitioners will also be kidnapped.

Given such allegations, the police will ensure that no harm befalls the petitioners and their family members as to their lives and property.

List the Writ petition in the Monthly List of November 2019.

The police will submit a detailed report as to the steps and measures taken with regard to the subject FIR on the next date.

Urgent certified website copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.