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| Minor girl missing from Nari-Neketan Doda | | HC directs Supt In-charge to appear in person | |
JAMMU, JUNE 07
Justice Virender Singh of Jammu and Kashmir High Court, Jammu wing, in a petition filed by the father of a minor girl, allegedly missing from Nari-Neketan Doda, has directed Superintendent Nari-Neketan Doda to present herself in the Court.
This direction has been passed by the High Court after hearing Advocate AM Malik appearing for the petitioner Mohammed Saleem Nazar and Additional Advocate General Mr. BS Salathia appearing for the State in habeas corpus petition in which the petitioner submitted that his minor daughter was kidnapped by one Ghulam Nabi s/o Fateh Mohammed father of four children including 12 year old daughter in October last. The petitioner lodged a complaint with Banihal police and an FIR was registered u/s 363, 376, 109, 34 RPC. It was further submitted that Ghulam Nabi along with minor daughter filed a petition in the State Court seeking quashment of FIR. On November 29, 2006, the Court directed not to arrest the Ghulam Nabi and minor daughter of the petitioner in the said FIR. In the petition it has been further submitted that on getting the knowledge of the Court order, the petitioner filed an application along with a copy of birth certificate of the minor showing date of birth as June 6, 1990. On March 1, 2007, Court dismissed the petition after noticing the actual date of birth of minor daughter of the petitioner. After the High Court decision, the Banihal police arrested Ghulam Nabi and after completion of investigation presented challan u/s 363/ 376 RPC against Ghulam Nabi and the minor girl of the petitioner kept in the custody of Incharge Nari-Neketan Doda as per the order of the Judicial Magistrate Doda.
It is further submitted by the petitioner that he moved an application before District Judicial Mobile Magistrate Doda, Court after hearing both the sides on May 11, 2007 directed Incharge Nari-Neketan to release the minor daughter on the Superdnama. According to the petitioner when he went to Nari-Neketan Doda on May 14, 2007 with the Court order along with the communication of SHO P/S Banihal served the same upon Supt Nari-Neketan Doda who informed the petitioner that he daughter has gone missing and is not traceable in the premises of Nari-Neketan Doda. The petitioner filed present habeas corpus petition in the High Court Jammu wing.
Justice Virender Singh observed that Mr. BS Salathia AAG after going through entire petition minutely stated that present petition calls for the appearance of Supt Incharge Nari-Neketan Doda. In view of the above the Justice Singh directed that the respondent should be present in the Court on next date of hearing. Mr. Salathia assured that directions of the Court shall be conveyed to the concerned quarter. The respondent Supt Nari-Neketan is also directed to furnish her own affidavit.
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