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2023 Supreme(Cal) 929

IN THE HIGH COURT AT CALCUTTA
SHAMPA DUTT PAUL, J.
Ram Suresh Kahar – Appellant
Versus
The State of West Bengal – Respondent
CRR 897 of 2019
Decided on : 20-07-2023

Advocates:
Advocate Appeared:
For the Appellant : Mr. Souvik Mitter.
For the Respondent: Mr. Swapan Banerjee, Mr. Suman De.

Headnote:

The petitioner sought action against the police for not taking appropriate steps to recover his wife, who had been missing for 18 years. The police had filed two charge sheets without recovering the victim, who had been missing for 18 years. The court held that the petitioner's wife had not been recovered and until and unless there is a definite conclusion as to what actually happened to her, the entire trial shall be frustrated if cognizance is taken on the basis of such a charge sheet that has been submitted based on perfunctory and lackadaisical investigation. The court directed the investigation to be taken over by the criminal investigation department or the Central Bureau of Investigation, for the purpose of carrying out a free and fair investigation.

Fact of the Case:

The petitioner's wife was abducted and has been missing for 18 years. The police have filed two charge sheets without recovering the victim. The petitioner has filed a petition seeking action against the police for not taking appropriate steps to recover his wife.

Finding of the Court:

The court held that the petitioner's wife had not been recovered and until and unless there is a definite conclusion as to what actually happened to her, the entire trial shall be frustrated if cognizance is taken on the basis of such a charge sheet that has been submitted based on perfunctory and lackadaisical investigation.

Issues: Whether the police had taken appropriate steps to recover the petitioner's wife.

Ratio Decidendi: The court held that the police had not taken appropriate steps to recover the petitioner's wife. The court relied on the fact that the police had filed two charge sheets without recovering the victim, and that the investigation had been perfunctory and lackadaisical.

Final Decision: The court directed the investigation to be taken over by the criminal investigation department or the Central Bureau of Investigation, for the purpose of carrying out a free and fair investigation.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred against inaction and/or non-action on the part of the Police authority in taking appropriate steps in respect of the complaint lodged by the petitioner in connection with being Ballygunj GRPS Case No.24/06 dated 13.10.2006 under Sections 364/365/368/201/120B/114 of the Indian Penal Code, corresponding to G.R No. 200(1)/06 pending before the Court of the learned Additional Chief Judicial Magistrate, Sealdah, South 24 Parganas. Charge Sheet no.22/10 dated 19.09.2010 under Sections 364/368/120B of the Indian Penal Code connection with Ballygunj GRPS case No.24/06 dated 13.10.2006 under Sections 364/365/368/201/120B/114 of the Indian Penal Code and Charge Sheet no.11/2008 dated 28.02.2018 under Sections 364/368/120B of the Indian Penal Code in connection with Ballygunj GRPS case No.24/06 dated 13.10.2006 under Sections 364/365/368/201/120B/114 of the Indian Penal Code have been filed.

2. The petitioner's case is that the wife of the petitioner, namely Kamala Devi (hereinafter referred to as the “Victim Lady”) used to earn her livelihood by working at Padma Pukur (Birshul Hat) as a tailor.

3. On 17.06.2006, the victim lady left from home along with her younger sister at about 10.00 hours for her place of work. They reached Santoshpur Railway Station to board the train, when the sister of the victim lady went o the ticket counter to renew her monthly pass leaving the latter at the platform to wait. However, after she returned from the ticket counter, the victim lady was not there and assuming that she may have left for her place of work, the sister of the victim lady did not wait and boarded the train to Park Circus Station.

4. Since thereafter, the victim lady remained missing and despite boundless efforts, she could not be traced out. On enquiry, it was found that her mobile phone was switched off and she did not make it to her place of work on the fateful day.

5. The petitioner approached the local police station and lodged two General Diary entries being G.D.E Nos.716/16 dated 18.06.2006 and 606/06 dated 21.08.2006 thereby intimating the state agency regarding his wife going missing.

6. It is the case of the petitioner that the son of the petitioner, Rajendra Prasad Kahar was compelled to marry one Marufa Khatoon @ Dolly on 08.06.2006 according to Muslim Rites and rituals before the Shahi Imam, Tipu Sultan Shahi Masjid. The said marriage was solemnized under coercion and duress against the consent of the petitioner, his son and his wife.

7. The victim lady did not consent to the said marriage and had refused to accept Marufa Khatoon as her daughter-in-law. As a result of the same, the petitioner and all his family members, including the victim lady were threatened with dire consequences in the event of failure to accept Marufa as their daughter-in-law.

8. Having reasons to believe that the accused persons had abducted the victim lady and wrongly confined her in some secret place, the petitioner approached the local police station in order to lodge first information report against the miscreants.

9. As the police agency refused to lend any support to the grievances of the petitioner, the petitioner herein was compelled to file a petition under Section 156(3) of the Code of Criminal Procedure before the Court of the learned Additional Chief Judicial Magistrate, Sealdah being Case No.783 of 2006 dated 11.10.2006. When the aforesaid application was taken up for hearing the learned Magistrate was pleased to direct the registration of First Information Report against the accused persons. Accordingly, Ballygunj GRPS Case No.24/06 dated 13.10.2006 was registered for investigation against 7 accused persons for commission of offences punishable under Sections 364/365/368/201/120B/114 of the Indian Penal Code.

10. It is further submitted that, subsequent to the lodging of the first information report, the investigation of the case at hand has been carried on in the most lack

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