Decided on February 14,2022

Ashika Chakma Appellant


INDRAJIT MAHANTY; CJ. - (1.)Heard Ms. Paramita Dhar, learned counsel for the petitioner and Mr. S.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 victim lady. By order dtd. 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 Sec. 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 I.O. keeping in mind and recording the evidence of her location. Pursuant to the aforesaid directions, the Tripura Police had gone to Mumbai, met the victim and produced her before the 6th 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,

I was lived in Tripura with my husband and child. I was married with my husband in 2007, and I had a 13-yearold 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 love 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 and stayed at a panipuri stall, police caught us. After that, they took me to the institution and the next day from there in the court. In addition to this, I do not need to tell anything."

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.

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.


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