Dhananjay Jha vs State Of Jharkhand

Sanjay Kumar Dwivedi, J

Heard  learned  counsel  appearing  for  the  petitioner and learned counsel appearing for the respondent State.

The prayer in the writ petition is made to direct the respondents to take appropriate steps to recover the minor daughter of the petitioner namely Sapna Jha. Further prayer is made to direct the respondents to inquire/investigate the matter bearing Jasidih P.S. Case No.285 of 2023 pending in the Court of learned ACJM, Deoghar.

Learned counsel appearing for the petitioner submits that the girl of the petitioner has already been recovered, however, no action has been taken by the state so far, the accused persons are concerned and in view of that proper direction may kindly be issued.

Learned counsel appearing for the respondent State submits that the counter affidavit has been filed wherein paragraph No.13, it is disclosed that the daughter of the petitioner has already been recovered from the possession of the accused on 16.09.2023 and this fact is evident from paragraph No.34 of the case diary and thereafter got the medical examination of the daughter of the petitioner namely Sapna Jha and also got her statement recorded under Section 164 of Cr.P.C. before the learned Judicial Magistrate and the statement of the said Sapna Jha was also recorded under Section 161 of Cr.P.C. by the Investigating Officer. He submits that the girl of the petitioner has refused to go to the father’s house that too in the presence of learned Judicial Magistrate and thus, she was sent to remand home by the learned Judicial Magistrate and these facts have come in paragraph No.36 and 42 of the case diary.

In view of the above statement made in the counter affidavit, it transpires that the girl has already been recovered and she has refused to go to her father’s house and further the FIR has already registered which is being investigated by the police and for any action against the accused persons for which the investigation is still pending the petitioner is having the remedy to move before the learned Court where the matter is pending. Accordingly, this petition is disposed of.

Pending petition, if any, is also disposed of.8. Pending petition, if any, is also disposed of.