(Tajaruddin Mallick vs The State Of
2022 Latest Caselaw 8620 Cal

    1
22.12.2022
 Ct. No. 32
    rrc


                               WPA (H) 72 of 2022
                        (Tajaruddin Mallick Vs. The State of
                               West Bengal & Ors.)

                 Mr. Daanish Haque
                 Mr. Abdul Zahid
                 Mr. Siraj Munir
                                             .... For the petitioner

                 Mr. Debabrata Chatterjee
                 Mr. Simanta Kabir
                                             .... For the State

                 Mr. Anuran Samanta
                 Mr. Ganesh Manna
                                          ..... For the respondent no. 5

The present writ petition has been preferred

primarily praying for the following relief:-

'A writ of and/or in the nature of Habeas Corpus do issue commanding the respondents and/or each them to recover and produce Petitioner's wife, namely Ankita Rong before this Hon'ble Court.'

Mr. Haque, learned advocate appearing for the

petitioner submits that the petitioner was having a love

relationship with one Ankita Rong (in short, Ankita)

since the year 2016. Thereafter, he married Ankita on

28th September, 2022 and since then Ankita was

residing at her matrimonial house. Suddenly, Ankita

went missing on and from 19th October, 2022 and such

fact was brought to the notice of the respondent no. 4

by a representation dated 14th December, 2022. In the

midst thereof and on the basis of a complaint lodged

by the respondent no. 5 alleging that her daughter had

been kidnapped, Panchla Police Station Case No. 335

of 2022 dated 8th October, 2022 under Sections

365/34 of the Indian Penal Code was registered. The

petitioner applied for anticipatory bail and such prayer

was allowed by an order dated 9th November, 2022.

Mr. Haque contends that the police authorities in

collusion with the respondent no. 5 had prevented the

petitioner from leading a peaceful married life with

Ankita, who is a major and whom the petitioner

married on 28th September, 2022. In support of such

marriage reliance has been placed upon the document

annexed at page - 19 of the writ petition.

He argues that the petitioner as the husband of

Ankita can prefer a habeas corpus petition for

regaining the custody of his wife. In support of such

contention reliance has been placed upon a judgment

delivered in the case of Mohd Ikram Hussain Vs. State

of U.P. & Ors. reported in AIR 1964 SC 1625.

Per contra, Mr. Chatterjee, learned advocate

appearing for the State submits that the present

petition itself is not maintainable since Ankita is not

under illegal detention.

He submits that there had been no legal

solemnization of marriage and the document upon

which reliance has been placed by Mr. Haque is a

document specifying a notice period from 28th

September, 2022 to 28th October, 2022.

He further submits that on the basis of the

complaint lodged by the respondent no. 5, Panchla

Police Station Case No. 335 of 2022 dated 8th October,

2022 was registered and upon conclusion of

investigation, a charge-sheet has been filed on 31st

October, 2022. Drawing our attention to the said

charge-sheet, Mr. Chatterjee submits that in course of

investigation, the brother-in-law of the principal

accused, namely, Sk. Osman Goni, was arrested on

14th October, 2022 and thereafter, the victim girl was

recovered from the house of one Sk. Sablush Rahaman

on 19th October, 2022. On 20th October, 2022, Ankita

was produced before the learned Court below and her

statement was recorded under Section 164 of the Code.

Thereafter, the learned Court handed over Ankita's

custody to the respondent no.5.

Mr. Chatterjee has also placed before us

representations submitted by the victim girl to the

respondent no. 4 on 15th December, 2022 and 20th

December, 2022 stating, inter alia, that she is residing

at her parental house voluntarily. Let the documents,

as produced, be kept on record. The judgment upon

which reliance has been placed by Mr. Haque, is

distinguishable on facts.

Answering our query, Mr. Samanta, learned

advocate appearing for the respondent no. 5 submits

that Ankita is presently residing at her parental house

at Village - Beldubi, P.S. - Panchla, District - Howrah.

In reply, Mr. Haque doubts the authenticity of

representations submitted by Ankita on 15th

December, 2022 and 20th December, 2022.

A writ in the nature of habeas corpus is a

prerogative writ by virtue of which the causes and

validity of detention of a person are investigated by a

summary procedure. The judgment upon which

reliance has been placed by Mr. Haque, is

distinguishable on facts. It appears that Ankita is an

adult lady and from the representations submitted by

her, it appears that she is willingly residing at her

parental house. In course of investigation in the

Panchla Police Station Case No. 335 of 2022, the victim

girl was recovered and after she was produced before

the Court, her custody was handed over to the

respondent no.5. There is no such material on record

before this Court to infer that Ankita has been illegally

detained. In exercise of its extra-ordinary jurisdiction,

this Court cannot usurp the ordinary administration of

criminal justice and interfere in the present habeas

corpus petition.

In view thereof, no interference is called for in the

present habeas corpus petition.

Nothing in this order shall, however, prevent the

petitioner from initiating proceedings before any other

Court or forum seeking relief, in accordance with law.

The writ petition being WPA (H) 72 of 2022 is,

accordingly, disposed of.

There shall, however, be no order as to costs.

All parties shall act on the server copies of this

order duly downloaded from the official website of this

Court.

(Partha Sarathi Chatterjee, J.) (Tapabrata Chakraborty, J.)