Crl.Misc. No. M-5423 of 2010 1 IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH Crl. Misc. No. M-5423 of 2010 Date of Decision: July 20, 2010 Tapan Sarkar ...........Petitioner Versus State of Punjab and others ..........Respondents Coram: Hon'ble Mrs. Justice Sabina Present: Mr.Asit Kumr Rao, Advocate for Mr.K.S.Bhangu, Advocate for the petitioner Mrs.Rajni Gupta, Additional Advocate General Punjab ** Sabina, J. Petitioner has filed this petition under Section 482 of the Code of Criminal Procedure (for short `Cr.P.C.) seeking direction to the respondents No. 1 to 3 to investigate and to search out the son of the petitioner who is missing/kidnapped/lost/abducted since 09.07.2009 and for further direction that the case of the missing son of the petitioner be investigated by the Crime Branch or some independent investigating agency. Learned counsel for the petitioner has submitted that the petitioner is the unfortunate father of Tarun Kumar, who is missing since 09.07.2009. He is stated to have died on 12.7.2009. The dead body of the son of the petitioner has not been traced so far. Petitioner has serious doubt Crl.Misc. No. M-5423 of 2010 2 that his son is still alive. The son of the petitioner might have been abducted. The Police officials are, however, mixed up with Anjali Jyoti or her father Brig.Anil Kumar or Pankaj ex-boy friend of Anjali Jyoti. Learned counsel has further submitted that on 12.7.2009 at 11.00 P.M. Tarun had talked to his mother from Chandigarh and was requesting his mother to convince Amarjeet Kaur to make her brother in Chandigarh to stand as surety to enable him to hire a Motorcycle . At 11.30 a.m., he made another phone call to Naresh at Ganesh Nagar for arranging a motor cycle in Chandigarh. At 3.45 p.m. Anjali also made a phone call to her mother from Chandigarh. In between this period, Tarun also requested his friend, who is residing in Delhi, to find out call details of phone No. 09396708455. At about 4.20 P.M., Ajay, a reporter of Dainik Jagran informed Naresh in Delhi that Tarun and Anjali have committed suicide in Bhakra Nangal. The police was not investigating the case properly. Learned State counsel, on the other hand, has submitted that the matter had been thoroughly inquired into by the Investigating Agency and it transpired that Tarun had drowned in Bhakra Canal on 12.7.2009 at about 4.30 P.M. while trying to save life of Anjali Jyoti. The dead body of Anjali Jyoti was, however, traced out but the dead body of Tarun Kumar could not be traced out. The father of the girl made a statement that it was a case of accident and he did not want to take any action against any one. After hearing the learned counsel for the parties, I am of the opinion that this petition deserves dismissal. In the present case, the matter in question has been duly investigated by the Investigating Agency and it was found that Anjali Jyoti had slipped in the Canal and Tarun Kumar had jumped into the Canal in Crl.Misc. No. M-5423 of 2010 3 order to save her. Father of Anjali Jyoti had enquired from the persons residing near the bus stand and came to know that his daughter had accidentally slipped into the canal and Tarun Kumar had jumped in to save her. However, both of them got drowned. Unfortunately, the dead body of Tarun Kumar could not be recovered, whereas, the dead body of Anjali Jyoti was recovered and it was duly identified by her father. However, the said fact does not lead to an inference that there is some foul play. Hence, no ground for further interference by this Court is made out. Dismissed. ( Sabina ) Judge July 20, 2010 arya