1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 1150 OF 2009 Smt. Asha Ram Sing ) Age 40 years R/at Room No.4, First ) Floor, Balkrishna Kadam Chawl, Near ) Rokade Rationing Shop, New Jimmi Baug ) Kalyan (East), Dist. Thane. ).. Petitioner Vs. 1) The Hon’ble Inspector General ) of Police, Mumbai, Maharashtra. ) 2) Thane Police Commissioner, ) Dist. Thane. ) 3) DIG (Crime), Pune, through State ) C.I.D., Kokan Bhavan, Navi Mumbai)’ 4) Senior Police Inspector, ) Kolsewadi Police Station, ) Kalyan (East). ) 5) The hon’ble Deputy Secretary ) Home Ministry, State of ) Maharashtra, Mantralaya Mumbai ) 6) State of Maharashtra )..Respondents. Mr. D.A.Chimote, Advocate, for the petitioner. Mrs. P.H.Kanharia, APP, for the respondents CORAM: F.I.REBELLO AND J.H.BHATIA, JJ. DATE : 9th December, 2009. 2 ORAL JUDGMENT (PER J.H.BHATIA,J.) 1. This petition for a Writ of Habeas Corpus was filed by the petitioner on the ground that her son Kumar aged about 16 years was kidnapped on 6.2.2008. According to her, she had lodged oral report with Kolsewadi Police Station, Kalyan on 18.2.2008, but police had not registered her FIR, however, it was treated as missing report No.20/2008. She had given names of Pankaj, Pappu, Mahesh and Rohit as well as one Ratna Kamble as the persons who had kidnapped or arranged to kidnap the boy. According to her, police was not taking action on her report and they were not trying to make any investigation and attempts to find out the boy. The petition was filed on 29.4.2009. After receipt of some reports from Kolsewadi Police Station, the matter was entrusted to Mahatma Phule Police Station as per the order dated 9.7.2009 passed by this Court, mainly because the petitioner had grievance that Kolsewadi Police Station was not interested in searching out the boy. Later on, by order dated 27.8.2009, this Court had directed the Assistant Commissioner of Police,Kalyan Division, to personally monitor the progress in the matter and submit a report. Meanwhile, the investigation of the case was transferred to State CID by order dated 4.8.2009 and the CID had received the order on 4.9.2009. Since then the State CID has 3 been conducting the investigation and the reports dated 25.11.2009 and 8.12.2009 have been submitted by the Police Inspector, D.S.Hake of State CID. The reports reveal that on the basis of suspicion expressed by the petitioner, the suspected boys Pankaj Chandrakant Shirgaonkar, Vikas @ Pappu Sidodhan Atam, Mahesh Hareshwar Katkade and Mahesh Chandrakant Shirgaonkar were called to the office of the C.I.D. and were interrogated. Similarly, police also interrogated Ratna Kamble at whose behest, the complainant had alleged that. the boy was allegedly kidnapped. Besides these suspects, police interrogated several other persons including Smt. Saraswati Madhukar Rokde and Deepak Ingale. However, no clues about the boy could be found and no evidence was available to connect any of the suspects with the alleged kidnapping of the boy. As per the report, the CID had published information about the missing boy along with his photographs in several newspapers. However, nothing could be found. It is stated that from time to time the Investigating Officer was also required to submit reports to the Director General of Police. Look out notice was issued to Bombay International Airport as well as to Mumbai, Police Commissionerate, Navi Mumbai Police Commissionerate, Thane Police Commissinoerate, and Pune Police Commissionerate and other District Police Headquarters like, Satara, Sangli, Solapur-City, Solapur Rural, Wardha, Yeotmal, Sindhudurg etc. were alerted and requested to search. However, there has been no progress as yet. The 4 police also collected information from different jails, Remand homes, hospitals. The news about missing boy was published in several newspapers, at railway Stations, and on Doordarshan. Not only this,, the police also declared a cash prize of Rs.10,000/- for anybody who gives information about the boy. 2. Taking into consideration the exhaustive reports submitted by the Investigating Officer, P.I. D.S.Hake, we are satisfied that the CID has, in fact, done its best to search the boy, but unfortunately, so far attempts have not been successful. This petition is pending for last more than six months. After hearing the learned Counsel for the petitioner and the learned APP. Mrs. Kantharia and perusing the progress reports submitted by the CID, we propose to dispose of the petition with the following directions :- The State CID would continue the search and investigation for the missing boy Sagar and keep the petitioner informed every month about the progress for six months or till the boy is found, whichever is earlier. If the boy is not found within six months, thereafter the CID shall inform the petitioner every three months for further six months and if still the boy is not found, C.I.D. would continue the investigation and search and would keep the petitioner informed as and when any important clue, information or material is collected. The petitioner 5 shall also be at liberty to contact the Investigating Officer as and when she finds any new material or information in this respect. In case any new material or information is available, the petitioner shall be at liberty to move this Court for whatever relief she would be entitled to. With the above directions, the Petition stands disposed of. (J.H.BHATIA,J.) (F.I.REBELLO,J.)