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HIGH COURT OF TRIPURA
AGARTALA
WP(C)(HC) No.05/2021
Dr. Ashika Chakma
----Petitioner(s)
Versus
The State of Tripura and others
-----Respondent(s)
For Petitioner(s) Ms. Paramita Dhar, Advocate.
For Respondent(s) : Mr. SS. Dey, Advocate General,
Mr, Ratan Datta, P.P.,
Ms. A. Chakraborty, Advocate.
HON’BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY
Order
14/02/2022
Andrajit Mahanty, C.J)
Heard Ms. Paramita Dhar, leamed counsel for the petitioner and
Mr. $.S. Dey, learned Advocate General appearing on behalf of the State.
Directions had been issued in the present writ of habeas corpus
to produce the alleged vietim lady. By order dated 14.12.2021 this Court had
directed that if the missing person is found, she may be produced before the
closest Magistrate and her statement under Section 164 Cr.P.C. may be
recorded and depending upon what she states in her statement, the necessity
for bringing her back to Tripura or not can be decided by the 1.0. keeping in
mind and recording the evidence of her location. Pursuant to the aforesaidPage 2 of 4
directions, the Tripura Police had gone to Mumbai, met the victim and
produced her before the 6" Judicial Magistrate First Class, Thane on
20.12.2021 and a statement was recorded as follows:
“Telling the truth by taking the oath of God that.
My name—Papia Chakma,
1 was lived in Tripura with my husband and child. 1
was married with my husband in 2007, and I had a 13-year-
old son. My husband always abuses me every time. Before
two years, I came in contact with Himmhadulla Malik by the
Easter Maker app. We were talking with each other by phone
as well by video call. Himmhadulla Malik told me about his
profession as well as his parents. I also told him everything
about me, We had fallen in Jove with each other. I wanted to
come to Mumbai to live forever with him. Because of my
marriage, he said no, But I told him that “I am coming to
Mumbai.” After that, I came to Guwahati by bus. He also
came there, after that from there we came to Mumbai by train.
He was living at Andheri earlier, But he had taken a room for
me on rent at Kumpan gate. There we started living together.
He told me that you have to inform your family by phone,
They will search you or will file police complaints. But I told
him that I would call at home after two-four months and
inform them, He was working all day, and I was working at
home on laying stones on jewellery. We were lived happily
there. But once, when we went to purchase some vegetables
ight us. After that, they
took me to the institution and the next day from there in the
and stayed at a panipuri stall, police
court, In addition to this, I do not need to tell anything.”Page 3 of 4
It appears that after the production of the victim before the
learned Court referred hereinabove the victim has been directed to stay at a
Home being run by the Living Water Mission, Trust Regd. No. E 18286,
TMT Colony, Tikujiniwadi Road, C. Manpada, Thane (W), Mumbai-
400610,
Learned Advocate General on behalf of the State submits that
the alleged victim has expressed a desire to come and stay with her father at
‘Tripura,
Accordingly, in view of the aforesaid statement, we direct the
Tripura Police to move the concerned Court at Thane and seek liberty to take
the alleged victim to the residence of her father.
This Court also appreciates the effort made by the Tripura
Police and the assistance rendered by the Court at Thane to protect the
interest of the alleged victim. We also suggest to the Director General of
Police, Tripura to issue commendation to the Police Officers namely
Inspector Rana Chatterjee and Inspector Jayanta Kumar Dey, who had gone
to Mumbai to investigate into the matter since they have done a
commendable job in not only locating the victim but also producing her
before the appropriate Court at Thane and ensuring recording of the 164
statement.Page 4 of 4
We further direct the Tripura Police to send a team of officers
including a lady officer to Mumbai to file an appropriate application through
the alleged victim before the Court concerned and on being granted such
liberty bring the alleged victim to the residence of her father. Since the
alleged victim has been found and she is not in unlawful custody, nothing
further remains for our consideration in the present writ of habeas corpus.
Accordingly, the present writ petition stands’ disposed of in
terms of the aforesaid order.
(S.G. CHATTOPADHYAY), J (INDRAJIT MAHANTY), CJ
Pulak