Thursday, March 7, 2024

No ray of hope for recovery of kidnapped child, case disposed of: Justice Bibek Chaudhuri, Patna High Court

Patna High Court's bench of Justice Bibek Chaudhuri observed, "In view of such affidavit having been filed by the head of the Special Investigating Team, the Special Investigating Team is directed to file its final report regarding their failure to recover the kidnapped boy in the jurisdictional court of the learned Magistrate" in Awadhesh Kumar v. State of Bihar. The case arose out of PS. Case No.-685 of 2014 Thana- Nagar District- Vaishali.

The petitioner had prayed for issuance of a writ in the nature of mandamus against the respondents and other consequential relief, directing them to transfer the matter pertaining to Town P.S. Case No. 685 of 2014 for investigation to the Central Bureau of Investigation (C.B.I.) and recovery of 11 years old son of the petitioner namely Vinayak Kumar, who has been kidnapped by some unknown persons on 10th August, 2014. A Special Investigating Team was constituted under the leadership of S.D.P.O., Mahnar, Hajipur for the recovery of the victim boy, The Special Investigating Team conducted investigation and submitted charge-sheet against some accused persons, who initially demanded ransom for release of the child. This case is pending before the competent court. The present writ petition was kept alive directing the respondents time and again to take appropriate steps for recovery of the kidnapped boy.

On February 12, 2024, the High Court had passed an order directing the Special Investigating Team to intimate the Court as to whether there is any chance for recovery of the boy. The S.D.P.O., Mahnar, Hajipur, being the head of the Special Investigating Team filed an affidavit stating, inter alia, that the investigation had proceeded with all possible direction, but the kidnapped boy could not be recovered. The incident happened about nine and half years ago. Therefore, after the expiry of such long period, there is no ray of hope that the child would be recovered. Vasant Vikas, Advocate appeared for the petitioner and  Nashrul Hoda Khan and Irshad were Standing Counsels for the State.The writ petition was disposed of on March 6, 2024.

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