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Judgment
R.S., CJ
[1] The prayers in this writ petition are as follows:-
"2. To issue writ of Mandamus and any other appropriate writ or direction by exercising the power under Article 226 so as to submit a final report of the missing husband of the petitioner in respect of the GD entry No.345/Chassad P.S./2015.
Direct respondents so as to trace out the where about of the missing Petitioner's husband since 16th Oct.2015 till date.
A direction to the respondents so as to dispose of the representation event dated 21st Dec.2015 within a stipulated time.
In the alternative if the Petitioner's husband is found missing appropriate order may be pass including payment of adequate compensation in favour of the Petitioner to meet the ends of the justice. "
[2] The case of the petitioner is that the petitioner is the wife of the missing person, Hijam Irabanta Singh. She stated that the missing person is engaged in the business of buying and selling of chillies from Kamjoing to Andro and Andro to Imphal. It is stated that on 16th October, 2015, the petitioner's husband, Hijam Irabanta Singh s/o late H.Hera Singh of Andro Kharam Leikai had gone to Kamjong village to buy chillies and he was carrying about Rs.20,000/- in his hand. It is further stated that the missing person called up his brother, H. Shyamchandra Singh informing him that he is at Kamjong village. Since the missing person did not return back, the petitioner had given a complaint to the Officer-in-Charge, Andro Police Station on 27th October, 2015 and recorded a GD entry No.8/APS/2015. The petitioner also gave a complaint to the Officer-in-Charge, Chassad Police Station which was received and GD entry No.345/Cssd.P.S./2015 was given.
[3] The complaint, it appears was based on a report in the newspaper that a young man was beaten by unknown armed youths in the street alleging that the victim is a drug addict. On 18 December, 2015, a representation was submitted to the Deputy Commissioner, Ukhrul to enquire and trace out the petitioner's husband. On 29th July, 2016, a complaint was given to the Director General of Police complaining against the Officer-in-Charge, Chassad Police Station for not taking action. Annexure-A/2 is the documents submitted to the Deputy Commissioner, Ukhrul and the DGP, Manipur. Thereafter, the petitioner did not pursue the matter and submitted a representation after more than one and half year i.e. on 21.12.2017 to the Chief Secretary, Government of Manipur. In this background, the writ petition has been filed in the year 2017. On 24.01.2018, the following order was passed:-
"24.01.2018
Heard Mr. S. ThoiThoi, learned counsel appearing for the petitioner. Issue notice returnable within 2(two) weeks.
Mr. Shyam Sharma, learned GA assisting R.S Reisang, learned senior GA accepts notice on behalf of the State.
The grievance of the petitioner is that the petitioner's husband has been missing since 6th October, 2015 after he left his home at Andro, Imphal East for Kamjong village to buy chilies. The petitioner later on learnt that some unknown armed persons had beaten up an unknown person in Kamjong village.
Subsequently, on receiving the information, the petitioner's brother-in-law filed a complaint before the Officer-In-Charge, Andro Police Station about the missing of the petitioner's husband on 27.10.2015 on the basis of which a general diary entry was made.
However, as nothing had been done, the aforesaid brother-inlaw of the petitioner again submitted a representation to the Deputy Commissioner (DC), Ukhrul, about the missing of her husband and also about the information received by petitioner's family.
The aforesaid complaints were followed by the representation submitted by the petitioner herself to the Director General of Police on 29th July, 2016.
However, nothing has been done till date and accordingly, being aggrieved, the petitioner has approached this Court praying for passing appropriate direction to be issued to the concerned authority.
Mr. S.ThoiThoi, learned counsel for the petitioner submits that the respondent authorities have a duty cast on them for making necessary enquiry by registering an FIR case, if necessary, as directed and held by the Hon'ble Supreme Court in Ms. LalitaKumari Vs. State of Uttar Pradesh and others. [ (2014)2 SCC 1 ]
Mr. R.S Reisang, learned senior GA submits that he would like to take necessary instructions or file necessary affidavit in this regard.
Considering the nature of the case, an attempt shall be made to dispose of this petition on the next.
List the matter again on 23rd February, 2018."
[4] On 8.6.2018, the following order was passed as under:-
"08.06.2018
(Justice N. Kotiswar Singh)
Heard Mr. S. Thoi Thoi, learned counsel for the petitioner. Heard also Mr. RS Reisang, learned Sr. GA assisted by Mr. Sh. Shyam Sharma, learned GA for the State.
The relief claimed in this petition is for a direction to the respondents to submit the final report in respect of the missing husband of the petitioner in respect of GD entry No. 345/CSD-PS/015/28/10/15 by taking necessary actions in this regard and also for payment of adequate compensation to the petitioner.
Mr. Thoi Thoi submits that so far, the respondents authority have not instituted any formal FIR so that necessary investigation can be carried out.
We are of the view that since the report has been already lodged about the missing of the petitioner's husband under certain circumstances as mentioned in the application dated 27.10.2015 filed before the officer-incharge, Andro Police Station, Imphal East as well as the application filed before the Deputy Commissioner, Ukhrul on 18.12.2015, the Director General of Police, Government of Manipur on 29.07.2016, the Secretary (Home), Government of Manipur on 21.12.2017, etc. the authorities should register an FIR case in connection with the aforesaid missing husband of the petitioner and investigate the matter and submit the report after 4 (four) months.
List the matter after 4 (four) months on 22.10.2018.
Copy of this order may be furnished to the learned counsel of all the parties."
[5] On 02.11.2018, an FIR No.7(11) 2018 u/s 364/302/368/34 IPC alleging kidnapping, murder and concealing with common intention by gang organisation, NSCN (IM) was submitted to this Court by Mr.Shyam Sharma, learned Government Advocate vide letter dated 20th November, 2018. Affidavit-in-opposition by respondent Nos. 1 to 5 verified on 6.12.2018 and was filed before this Court on 13.12.2018.
[6] Status report has been filed by the respondent No.5 in compliance with the order dated 8.6.2018. The status report is filed on 20.3.2019. In the status report is filed by Mr. S.Hepuni, the Officer-Charge, Chassad P.S. explaining the steps taken by him in 14(fourteen) paragraphs. In that, the details of factual aspects has been dealt with in para No.1 which is extracted as below:-
"1. That, on 02-1-2018 at 4.00 pm, OC Andro Police station transferred one FIR case being No. 40(11) 2018 PS u/s 364/302/400/34 IPC to OC Chassed PS on point of jurisdiction. On receipt of the same, a regular FIR case under FIR No. 7(11)2018 CSD-PS u/s 364/302/368/400/34 IPC has been registered at Chassad Police Station for further investigation. The brief of the case is that on 26/11/2018 the complainant. Smt. Hijam Guneshwori Devi (40 yrs) W/o (L) H. Irabanta Singh of Andro leitan Pekpam, PS- Andro, Imphal East District, Manipur lodged a written report with OC Andro PS that on 16/10/2015 at about 5.00 am her husband namely Hijam Irabanta Singh (41yrs) S/o (L) H. Hera Singh of Andro Khuman Leikai who went to Kamjong for purchasing Naga Chilly (U-Morok) did not return home till date. On the next day, they heard news from one Chandrashyam of Andro Chingdong Leikai who was staying at Kampad that one Thomas of Kamjong told him (Chandrashyam) that on the night of 16/10/2015 one person of Andro village who halted at Rising Star Hotel, Chassad was seriously beaten up by unidentified cadres of NSCN (IM) at Chassad Play ground. On receipt of the news, they (Family of the missing person) tried to contact the missing person, Irabanta Singh through his mobile phone No. 7085381759 but in vain as his mobile phone remained in switch of mode. Then on 27/10/2015 the brother -in-law of the complainant submitted a missing report to the OC/Andro PS for tracing out the whereabout of her missing husband. Further on 28/10/2015 one Sanabam Chathoi Singh S/o. S. Amu Singh of Andro Khunou Leikai (who frequently visited Chassad for business of Naga Chilly (U-Morok) was sent to Chassad for confirmation about the matter, however, he got the same information which had earlier informed by Chandrashyam. Again, Hijam Shyamchandra Singh (brother -in-law) of the complainant) went to Chasad Police Station on 30/10/2015 and contacted with Inspector Chaoba Singh, the then OC/Chassad PS to trace out the whereabouts of her missing husband. On his return, he informed that OC/Chassad PS had called upon the President and Secretary of Naga-Kuki Welfare Committee including other local leaders and discussed about the matter. On discussion, the leaders stated that they heard the sound of beating one person at the area by the suspected cadres of NSCN(IM). Hence the case.
INVESTIGATION : ( Mention may be made here that before registration of this case, a missing case had already been registered at Chassad Police Station under GD Entry No.345/CSD-PS dated 28/10/2015 on the basis of a written report submitted by one H.Gouramani Singh s/o (L) H.Hera Singh of Andro Khuman Leikai, PO Yairipok, PS Andro, Imphal East in connection with the same incident)."
[7] Investigation details are set out in paragraph No.2. In that, details of witnesses examined have been specified. It will be pertinent to mention that Investigating Officer has mentioned as many as 19 persons including the petitioner as below:-
"1. Smt. Hijam Guneshowri Devi(40 yrs) W/o Hijam Irabanta Singh of Andro Leitan Pekpham, PS- Andro(Complainant).
Mr. Thangpilian Sitlhou (62 yrs) S/o. (L) Tongkhoting Sitlhou of Chassad (Village elder).
Anthony Touthang (53 yrs) S/o (L) Shonlet of Chassad.
Sheilianmang Kipgen (38 Yrs) S/o Thangjangam Kipgen of Chassad.
Sheimingthang Haokip (45yrs) S/o.(L) Holkhothang Haokip of Chassad.
Mr. Ngachonmi Chithung (49 yrs) S/o.( L) Honpam Chithung of Ningshou Village, A/P- Kamjong (Hotel Owner-Rising Star Hotel, Chassad).
Yuingam Chithung (18 yrs) S/o. Ngachonmi Chithung of Ningchou Village, A/P-Kamjong.
Shanchuingam Khapudang (41 yrs) S/o. (L) Issac Khapudang of R. Langli Village, A/P- Kamjong.
Smt. Hahat Touthang (40 yrs) W/o Hemshei Touthang of Chassed.
SD. Thomas (67 yrs) S/o. (L) SD. Honasung of Kamjong.
Shri M. Chithung (50 Yrs) S/o (L) James Chithung, Headman of Bungpa KI. (President, Naga- Kuki Welfare Committee).
Shri Thangkholun Haokip (40 yrs) S/o Mangkholet Haokip, Chief of Chassad Village.
Khaigou Touthang (41 yrs) S/o. Ngamtan Touthang of Chassad (V.A.)
Khailem Haokip (53 yrs) S/o Ngamkhojang Haokip of Chassad the then Vice-president of Naga-Kuki Welfare Committee.
Thompson Chithung (54 yrs) S/o (L) Aleng Chithung of Kangpat KI.
Johny Chithung (40 yrs) S/o. Genesis Chithung of Kangpat KL.
Hijam Shyamchandra Singh (51 yrs) S/o (L) Hera Singh of Andro Khuman Leikai (Elder brother of the missing H. Irabanta Singh).
Sanabam Chaothoi Singh (45 yrs) S/o S. Amu Singh of Andro Chindong Leikai.
AS. Mathew (70 yrs) S/o (L) AS. Yartong of Punge Village."
[8] The status report also discusses the nature of statement given by individual witness. In para No.5, the Officer reports on the meetings convened by him in relation to the missing person held in the month of November, 2015 with other persons of the said Chassad area. In para No.6, the Investigating Officer states that none of the members of the Committee could throw light or provide any specific information about the whereabouts of the missing person. It also reveals that none of those members present were aware of any individual being beaten by NSCN (IM) at village play ground but the officer also stated that the people of the locality informed the police that they will extend all cooperation for tracing the missing person. The investigation with the so-called hotel owner, where the unknown non-local person was staying ,did not show any lead in the case. The hotel owner was able to verify the photograph of the missing person who halted on 16.10.2016. The local residences of Chassad were able to vaguely remember one person similar to the missing person coming for purchasing chillies. The shop owner in Chassad also stated that a person similar to that of the missing person was loitering near the hotel after having tea and left. In para Nos. 11 and 12, the Officer-in-Charge states as follows:-
"11. That, since the individuals had gone missing under mysterious circumstance, in -depth enquiry had been carried out long the line of various facets covering the area of personal enmity, personal clash with anybody etc. But no clue could be found to prove that Hijam Irabanta Singh had any personal enmity with anybody or the individual had any clash with somebody which could possibly led to his disappearance. The family members including the complainant have been examined thoroughly.
That, all the family members asserted that the missing person had no personal enmity with anybody and they did not suspect any individual likely to involve in his disappearance. They also stated that they did not receive any ransom demand (either through note or phone call) from any persons."
[9] Para No.13 of the status report gave the status of the investigation:-
"13. STATUS OF INVESTIGATION:
From the statements of the witness coupled with source reports it has been established that the missing person, Shri Hijam Irabanta Singh, had came to Kamjong/ Chassad on 16/10/2015 and halted the night at "RISING HOTEL" Kamjong. In the morning of the next day i.e. on 17/10/2015 he left the hotel and since then he had gone missing.
Unconfirmed source report also revealed that on the same day some unknown cadres of NSCN (IM) beaten up one unidentified person at Village Play Ground, Chassad. Enquiry to ascertain the facts of the above source report had also been done, but nothing could be made out of these source reports.
In an effort to trace out the above missing person, search in all suspected areas covering the village jungle areas had been carried out by the district police along with the villagers of Kamjong/ Chassad and its neighbouring villages. Assam Rifles operating in the areas were also informed to assist the district Police in tracing the missing person. Further, all OC of PSs in the district had been alerted. At the same time, hue and cry notices had been sent to all OC of Police Stations in Manipur. Private source have also been activated to provide information about the case. Appropriate police action necessary is still going on to trace the missing person at the earliest. Progress of investigation has been intimated to SP/Kamjong from time to time for kind instruction."
[10] From the details submitted in the status report, it is clear that the Officer-in-Charge of Chassad Police Station has taken all possible steps to trace the missing person. He has also informed the Court that no effort will be spared to trace the missing person. The FIR has been registered in a case of beating up of an unknown person but prima facie there appears to be mere offence of beating.
[11] In the above backdrop, it may not be correct to give any specific finding or direction in the present case as it may lead to unwanted confusion to the investigating authority. Consequent to registration of the FIR, the police authorities are at liberty to continue the investigation and to trace the missing person by following the procedures prescribed by law and also by giving wide publicity showing the photograph of the missing person.
[12] The opinion of the investigation officer appears to be that there is no case of enmity between the missing person with any other person to indulge in any form of violence. If that be the case, the investigation should also cover aspects as to whether the missing person could have gone to any other place outside the jurisdiction of the police station.
[13] In the result, we record the statement made by the Officer-in-Charge, Chassad Police Station and the steps taken and further direct him to continue the investigation and inquiry and submit a final report at the earliest as per the prayer No.1 recorded above. We also direct the Officer-in-Charge, Chassad Police Station to take all steps to trace the missing person as per the prayer No.2 above. The police authorities are directed to give periodical information to the petitioner and to the family members as to the steps taken to secure the missing person and that will take care of prayer No.3. In so far as the prayer for compensation is concerned, the cause has not arisen at this point of time. It is only after concluding the investigation, the issue of compensation will arise.
[14] With the above observation, the writ petition stands disposed of.