Crl. Misc. No. M-20014 of 2010 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Crl. Misc. No. M-20014 of 2010 Date of decision : 23.03.2011 Kela Devi and another .....Petitioner versus State of Haryana and others ...Respondents CORAM: HON'BLE MS. JUSTICE RITU BAHRI Present: Mr. V.S. Punia, Advocate for the petitioner. Sh. P.S. Virk, D.A.G., Haryana for respondent Nos. 1 to 5-State Mr. R.N. Lohan, Advocate for respondent No. 7 Mr. Ramesh Goyal, Advocate for respondent Nos. 8 & 9 Mr. S.S. Sandhu, Advocate for respondent No. 10-C.B.I **** RITU BAHRI , J. (Oral) The present petition has been filed under Section 482 Cr.P.C for issuance of direction to respondent No. 3 to hand over the investigation regarding the kidnapping/abduction of the petitioner's minor daughter namely Suman d/o Late Sh. Ram Kumar, r/o Village Khapar, Tehsil Narwana, District Jind to respondent No. 10-C.B.I. Brief facts of the case are that the minor daughter of the petitioners whose age is about 17 years was kidnapped on 16.09.2009 at night by respondent Nos. 6 to 9. They (petitioners) informed the S.H.O and police registered the F.I.R against Jasmer Singh-respondent No. 6. The Crl. Misc. No. M-20014 of 2010 -2- names of the other persons i.e respondent Nos. 7 to 9 have not been included in the F.I.R. In reply to the notice, the petitioner had filed an application to DIG, Hisar Range for taking action against the accused/respondent Nos. 6 to 9 but no action was taken by the police. It was mentioned in the application that Suman minor daughter of Ram Kumar has been kidnapped by Jasmer s/o Daulat Ram, V.P.O Khapar along with Sandeep s/o Hoshiar Singh and Ramesh s/o Jile Singh r/o Kharak Punia and Dilasa s/o Teku. The petitioner further met the Inspector CIA Staff namely Joginder Singh many times and enquired about the search of the girl. He was informed that his daughter is in the custody of accused persons in Bihar near Aurangabad District and police cannot take any action against these persons because that area falls in Maoist belt. The petitioner had filed Crl. Misc. No. 36762 of 2009 in this Court, which was dismissed for non-prosecution on 06.07.2010. In the above background of the events, the present petition has been filed. On notice, reply was filed by SPS on 26.08.2010, in which it has been stated that on the complaint of the petitioner, F.I.R No. 218 dated 27.09.2009 has been registered after the investigation was conducted by Sub Inspector Ram Niwas. Subsequently, on request made made by the complainant, the investigation of the case was transferred to Inspector CIA Jind vide office order No. 01.10.2009. During the course of investigation, it was found that abducted Suman is minor as per matriculation certificate issued by the Board of School Education Haryana, Bhiwani being her date of birth as 14-07-1992. In investigation, several persons of both the complainant as well as accused side were joined for investigation of the Crl. Misc. No. M-20014 of 2010 -3- case. On suspicion of the complainant party, Sandeep s/o Hoshiara caste Jat resident of village Khapar was joined for investigation by local police of polie Station, Uchana and thereafter, by ASI Ishwar Singh of CIA Staff on 18.10.2009 but no incriminatory evidence against him could be brought on record. Rupinder Singh s/o Krishan Kumar r/o Village Dubhaldan Tehsil Beri District Jhajjar and Bilasa s/o Tek Rm caste Chamar resident of village Khapar district Jind were also joined investigation on 04.10.2009. The whereabouts of the abducted girl and accused is not known to the police. Again on 02.11.2009, Sandeep, Ramesh and Dilasa were joined investigation of the case by Inspector, CIA, Jind, but no incriminatory evidence against them could be brought out. During the course of investigation, ASI Ishwar Singh along with Baru Ram-petitioner No. 2 and others visited at Uttranchal, Mohinder Nagar district of Nepal, village Basmatia of District Ararima (Bihar) for the search of accused Jasmer and abducted Sunita, but no clue about the whereabouts of the accused and abducted Sunita could find out. So, they were declared proclaimed offender by the learned Sub Divisional Judicial Magistrate, Narwana, vide order dated 21.09.2010. On 28.01.2011, a status report has been filed by SP Jind and as per this report, it has transpired that the whereabouts of the accused-Jasmer is not known to the police. ASI Ishwar Singh along with Baru Ram- petitioner No. 2 and others visited at Uttranchal, Mohinder Nagar district of Nepal, village Basmatia of District Ararima (Bihar) for the search of accused Jasmer and abducted Sunita, but no clue about the whereabouts of the accused and and abducted Sunil could find out. So, Jasmer Singh- accused has been declared proclaimed offender by the learned Sub Crl. Misc. No. M-20014 of 2010 -4- Divisional Judicial Magistrate, Narwana, vide order dated 21.09.2010. On 09.11.2010, challan of accused Jasmer has been presented in the Court. From 20.09.2010 to 15.12.2010, Sub Inspector Ved Prakash, Investigating Officer of the case in search of abducted girl Sunita and accused Jasmer has also visited at Itawa, Faruqabad, Sikhni, Mohmamdabad Rohila, Ahardabad, Allahabad, Mainpuri (U.P.) Bikaner, Raj Garh (Rajasthan), but no clue about the abducted girl and accused could be find out. Besides above, posters and pumplates of the abducted girl and accused Jasmer has also got fixed on the important places of general importance i.e bus stand and railway stations at Uchana, Narwana and Jind. On 27.09.2010, news regarding missing of the abducted girl Sunita was also got published in leading Hindi newspapers namely 'Punjab Kesari' and 'Dainik Bhaskar'. Best effort has been made to search the accused and abducted girl, but in vain. However, the case is still pending for investigation. Mr. S.S. Sandhu, Advocate for C.B.I has argued that in the facts of the present case, the Haryana police is well equipped and having trained investigating officers in its CIA staff and Crime Branch to investigate such cases. He further argued that no case is made out to transfer the case to C.B.I for further investigation. The guidelines laid down by Hon'ble the Supreme Court of India in the case of State of West Bengal vs. Committee for Protection of Democratic Rights 2010 (3) SCC 571 are not applicable to the facts of the present case. Having heard the learned counsel for the parties, having gone through the record with their valuable assistance and after bestowal of thoughts over the entire matter, I am of the view that no further orders are required to be passed, in view of the fact that State has conducted the Crl. Misc. No. M-20014 of 2010 -5- thorough investigation in searching the abducted girl. The petition stands disposed of. However, petitioner is at liberty to approach the authorities in case he gets any information about his daughter. (RITU BAHRI) JUDGE March 23, 2011 G.Arora