Chatter Singh vs State of Haryana and Others

Nirmaljit Kaur, J.—This is a petition u/s 482 Cr.P.C for issuance of direction to the official Respondents to transfer the investigation of the matter to some senior rank officials of the Crime Branch for re-investigation and take appropriate action against accused No. 5 to 10 mentioned in FIR No. 421 dated 31.12.2007 u/s 365 IPC registered at Police Station Sector 55, Faridabad with a further prayer that the matter should be handed over to Central Bureau of Investigation.

Brief facts of the case are that the Petitioner has a son, namely, Bir Singh alias Bittu aged about 13 years at the time of occurrence, who was residing with him. On 15.11.2007, when the Petitioner came back home in the evening from his job, he came to know that his son did not return from the school. Petitioner and other family members enquired about him from all their relatives and friends but could not find him. The Petitioner contacted the Head Master of Government High School, Karnera and enquired from him about the whereabouts of his son. The Petitioner specially told the Head Master that his son had come to attend the school on 15.11.2007 but did not return home and was missing since 15.11.2007. The Petitioner was told by the Head Master that his son Bir Singh did not attend the school at all after 15.11.2007. The complainant suspected Respondents No. 5 to 10 who were having personal grudge against him, in the kidnapping of his son. Thereafter, with great difficulty and only with the intervention of the Deputy Commissioner, a case bearing FIR No. 421 dated 31.12.2007 u/s 365 IPC was registered against Respondents No. 5 to 10.

It is further contended that the police has failed to arrest the accused persons and has not carried out the proper investigation. The Petitioner is facing threat at the hands of accused persons. Accordingly, the present petition has been filed.

After issuing notice of motion, a reply has been filed by Vinod Kaushik, HPS, ACP, Mujessar, District Faridabad on behalf of Respondent Nos. 1 to 4. The operative part of the reply reads as under:

"During investigation, the persons named in the FIR have been joined in the investigation but they have been found innocent. Serious efforts for searching of missing boy Vir Singh alias Billu and the accused persons were made but no clue was found about them. After making serious efforts, the case was sent up as untraced on 08.03.2009."

From perusal of the above, it appears that the apprehensions of the Petitioner are correct. The Investigating Agency has not been able to trace out the son of the Petitioner till date. They have already given up.

Learned Counsel for the Petitioner states that the Petitioner would be satisfied, if the investigation is handed over to some senior police official.

In view of the above, the interest of justice would be met, if the investigation is handed over to the State Crime Branch for proper and sincere investigation. Accordingly, let the investigation be conducted by the Senior Officer not below the rank of Superintendent of Police of the State Crime Branch. This Court has no doubt that this time, the investigation shall be done in a fair manner and sincere efforts shall be made to trace the missing son of the Petitioner and thereafter, final report be submitted in the proper Court as soon as possible preferably within six months.

Disposed of accordingly.