Karamjeet Kaur and Another vs State of Punjab and Others

Vijender Singh Malik, J.—Karamjeet Kaur and another have brought this petition under the provisions of section 482 Cr.P.C. for issuance of directions to respondent Nos. 1 to 7 to register a case regarding commission of various cognizable offences under the Indian Penal Code against respondent Nos. 8 to 11 which has not been done inspite of making representations by her on 10.6.2011 (Annexure P1) and 18.7.2012 (Annexure P3). Karamjeet Kaur has made representations to Senior Superintendent of Police, Sangrur as well as Station House Officer, Police Station, Murthal for registration of the case. The facts, she has narrated in these representations, are as under:-

On 11.4.2011, Maghar Singh, husband of petitioner No. 1 had gone to the fields of Rana Singh son of Lila Singh where he was working. On that day, Raju Singh, respondent No. 10 came to her village and told her husband that he would be getting higher wages in Haryana. He also told Maghar Singh that they had been working on a Combine Harvester and he induced Maghar Singh to leave his job. He along with Titu Singh and one Krishan Singh, respondents No. 8 and 9 respectively, left for Hasanpur, a village within the jurisdiction of Police Station Murthal, District Sonepat, Haryana and started work on the Combine Harvester of Sarde Singh, respondent No. 11. Her husband, Maghar Singh had mobile phones bearing numbers 959237618 and 9853875922 with him. The complainant tried to contact her husband on those phone numbers several times but was unable to contact him. Petitioner No. 1 and her family members, consequently, became worried and they approached Jaggi Singh, brother of Titu Singh to know about the whereabouts of Maghar Singh. Jaggi Singh told her that Maghar Singh had returned back 2-3 days ago. The complainant along with all her family members started making search for Maghar Singh but he could not be found. She made a complaint to Police Station Dirba in this regard under whose jurisdiction the village of the complainant fell. They told her that her complaint would be entertained by Police Station, Murthal, District Sonepat. The complainant and other members of her family came to Sarde Singh, respondent No. 11, a resident of village Hasanpur. Sarde Singh told them to give in writing in the Panchayat that Maghar Singh was not traceable/not seen after reaching his village Dhandoli Kalan, Tehsil Sunam, District Sangrur (Punjab). Suspecting that Maghar Singh has been abducted by the aforesaid persons and that they are not intentionally telling her about him, she wanted action.

As is evident from the replies filed by Surender Singh, Deputy Superintendent of Police, City, Sonepat on behalf of respondents No. 2, 4, 5 and 7 and the reply filed by Brijinderpal Singh, Deputy Superintendent of Police, Sub Division, Dirba, District Sangrur on behalf of respondents No. 1, 3 and 6, it has become evident that they had been busy in putting the ball in other''s court.

Learned counsel for the petitioners has submitted that Maghar Singh is stated to have left Murthal on 20.4.2011. According to him, he was not seen by any one thereafter. According to him, he was accompanied by Raju Singh and others, respondents No. 8 to 10. He has further submitted that he went to work for respondent No. 11 on his Combine. He has further submitted that the petitioner has suspected that respondents No. 8 to 10 have abducted and killed Maghar Singh. He has further submitted that the Murthal Police only says that as per respondents No. 8 to 10, Maghar Singh left for Sangrur on 20.4.2011. According to him, his reaching Hasanpur for work on Combine Harvester is admitted by both the States and the State of Haryana claims that Maghar Singh left for his place on 20.4.2011 and, therefore, the police at Police Station, Murthal (Sonepat) has no territorial jurisdiction to register a case and on the other side, the Punjab Police claims that Maghar Singh had gone to Hasanpur, a village in the territorial jurisdiction of Murthal, Haryana and he did not return from there and, therefore, the territorial jurisdiction to register a case lies with Murthal Police.

Learned State counsel for the States of Punjab and Haryana had reiterated the stand of their States appearing in their respective replies. They have claimed that the others, namely, Titu Singh, Raju Singh, Krishan Singh left Murthal on 15.5.2011.

Learned counsel for the State of Haryana has submitted that Maghar Singh had already left Murthal on 20.4.2011 and, therefore, nothing happened to him in the area of Police Station, Murthal and the jurisdiction to register a case is not with them.

On the other hand, learned counsel for the State of Punjab has submitted that Maghar Singh did not return to his village from Murthal. According to him, he is only said to have started from Murthal for his village but as none had seen him thereafter, it cannot be said that he reached his village leaving the area within the jurisdiction of District Sonepat and, therefore, the case cannot be registered at Police Station Dirba.

The State of Haryana has stated in its reply, submitted by Surender Singh, Deputy Superintendent of Police, City, Sonepat that on 20.4.2011, Maghar Singh, husband of petitioner No. 1, went back to his village Dhandoli Kalan, District Sangrur. It is further there in the reply of the State of Haryana that the husband of petitioner No. 1 worked at the Combine Harvester of Sarde Singh, respondent No. 11, upto 19.4.2011 and thereafter on 20.4.2011, at about 5.00/6.00 PM, he went back to his village. There is nothing with the DSP to claim that Maghar Singh had reached his village or even that he had left the area of Police Station, Murthal. At the best, it can be said by him that Maghar Singh started from Murthal on 20.4.2011. Whether he could go out of the jurisdiction of Police Station, Murthal on 20.4.2011 is doubtful. He has not been seen thereafter by any one anywhere.

Therefore, it is a case where admittedly, Maghar Singh was lastly seen in the area of village Hasanpur or at the most at Murthal and was not seen thereafter. Hence, it can be said that he went missing from that place. Now, the allegations of petitioner No. 1 are that Maghar Singh might have been abducted and killed by respondents No. 8 to 11 who are said to have stayed in that area till 15.5.2011. In these circumstances, it would be the duty of the police at Police Station, Murthal to register a case in this regard. In view of my above discussion, the petition is allowed and respondent No. 7 is directed to take action on the representation/ complaint made to him by petitioner No. 1 dated 18.7.2011 (Annexure P3) and register a case, in accordance with law.