Mantosh Kumar Ojha Vs. State of Jharkhand and ors - Court Judgment

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) (D.B.). No. 317 of 2011 Mantosh Kumar Ojha ..Petitioner Versus The State of Jharkhand & Ors. .Respondents ----- Coram:HONBLE MR. JUSTICE NARENDRA NATH TIWARI : HON'BLE MR. JUSTICE P.P. BHATT ---- For the Petitioner : Mr. Kaushal Kishore Mishra, Advocate For Respondent Nos. 6 & 7 : Mr. Rajesh Kumar, J.C. to AAG For Respondent no. 8 : Mr. Yogesh Modi, Advocate --- 14/13-08-2013 This writ petition was originally filed by the petitioner, for a direction on the respondents to recover the victim girl-Supriya Ojha, who has been missing for more than two years. The petition has been subsequently converted into writ petition by permission of the Court. It has been stated that the incident of missing the said girl was reported to Jamtara Police on 9.11.2010 but till date the police failed to recover the victim girl. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that the police could not recover the victim girl as she has been intentionally kept confined by the accused persons. The trial of the case is going on in the court of the Sessions Judge, Jamtara. The accused persons have been made respondent nos. 6, 7 and 8. The said respondents have filed counter affidavit emphatically denying the allegation of the State-Respondents regarding the confinement of the victim girl by them. After going through the counter affidavit of the State- Respondents, we are surprised by the stand taken by the police. When the police has specific knowledge about the fact that the girl has been kept in confinement by the accused persons, why she has not been recovered till date. It is strange that such serious matter has been taken up so lightly by the State-Respondents. From the statement made in the counter affidavit of the State-Respondents, it is manifest that no serious attempt has been made for recovery of the victim girl till date. Aggrieved by the statement of the police, learned counsel has prayed for handing over the investigation to the C.B.I. It has been submitted that there is total failure on the part of the police in recovering the girl. In view of the statement made in the counter affidavit and the -2- said comment, the prayer of the petitioner does not seem to be without any basis. However, before passing any order on the petitioner's prayer, it is desirable to give an opportunity to the State- Respondents to make their stand clear and apprise this court about the progress in the matter and steps taken/or to be taken by them for recovery of girl. Learned J.C. to AAG prays for two weeks' time to file specific affidavit on the said point to be sworn by the Superintendent of Police of the District. As prayed for, put up this case on 29th August, 2013. Let a copy of the order be given to learned counsel for the State -Respondents. ( Narendra Nath Tiwari, J) (P.P. Bhatt, J) Rakesh/