IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Crl.Misc.No.M-13138 of 2009 Date of decision : 04.2.2010 Naib Singh … Petitioner Versus State of Haryana and others …Respondents CORAM : HON’BLE MRS.JUSTICE SABINA Present: Mr.R.K.Sharma, Advocate for the petitioner. Mr.Yash Pal Malik, DAG, Haryana. Mr.S.S.Dinarpur, Advocate for respondent No.2. Sabina J. The petitioner-Naib Singh has filed this petition under Section 482 of the Code of Criminal Procedure (in short ‘Cr.P.C.’) for issuance of direction to respondents No.1 to 5 to take appropriate action in the FIR No.18 dated 21.2.2009 under Section 365 of the Indian Penal Code (in short ‘IPC’) registered at Police Station Raipur Rani, District Panchkula. The case of the petitioner in brief is that on 5.2.2009, Mandeep Singh alias Amandeep, aged about 15 years, son of the petitioner was kidnapped while going to the school at about 8 a.m. Mandeep Singh was studying in 10th Class in Gurunanak Public School, Hariolli. Since the son of the petitioner did not return back home, he lodged a complaint with SHO, Police Station Raipur Rani. Despite various efforts made by the petitioner, son of the petitioner could not be located. Despite registering of FIR in question, no investigation was done by the police at the instance of respondent No.7 who was close relative of Tarlochan Singh and Gurdhian Singh duly named in the FIR as accused. In reply to the petition furnished by respondents No.1 to 6, it has been submitted that in fact, the matter had been inquired into by the CIA Staff Crl.Misc.No.M-13138 of 2009 -ASI-Buphinder Singh. In the preliminary submission, it has been submitted as under:- “1. That the petitioner on 9.2.2009 submitted a typed complaint to the SHO, P.S.Raipur Rani regarding missing/kidnapping of his son Mandeeep Singh since 5.2.2009 which was marked to ASI Bhupinder Singh for fact finding inquiry and report. The matter was being inquired into by ASI Bhupinder Singh when on 11.2.2009 at about 5.30 PM, a telephone call was received from Mandeep son of the petitioner on the mobile of his uncle Balwinder Singh that he was safe in Rajpura and will reach his village Harioli the next day on 12.2.2009. Thereafter, the mobile was handed over to the petitioner and ASI Bhupinder Singh and the same wording was repeated by Mandeep to them and the telephone was disconnected. Thereafter, the calling number was connected and it was told that the number was of STD phone of Azadpur Mandi, Delhi and the boy had left the STD Booth. But Mandeep Singh did not return to the village on 12.2.2009. Thereafter ASI Bhupinder Singh alongwith the petitioner proceeded in search of Mandeep Singh in Delhi but he was not traceable in Delhi on 14.2.2009. Thereafter, Mandeed was searched out in Malikpur (Jagadhari) and other places but he was not traced out. In the meantime the petitioner submitted another complaint dated 21.2.2009 to the SHO, P.S. Raipur Rani on the basis of which FIR No.18 dated 21.2.2009 under Section 365 IPC was registered in P.S.Raipur Rani. The case was investigated by S.I.Satpal Singh SHO, P.S.Raipur Rani himself who on the same day inspected the spot and recorded the statements of Sh.Balwinder Singh, the brother of the petitioner, Sh.Gurbax Singh son of Sh.Nikka Ram and Sh.Jai Singh son of Sh.Sarup Singh all residents of Village Harioli. Thereafter, the addresses and call detail reports of Mobiles No.9813047085, 9896544016, 9813735951 and 9813575515 were obtained. Also call detail reports of Mobile No.09050467462 were obtained. Thereafter, the investigation of the case was transferred to CIA Staff, Panchkula and further investigation was made by ASI Bajender Singh CIA Staff, Panchkula. Efforts were made to trace out Mandeep. Ultimately on 3.5.2009 at about 6.30 PM, the petitioner accompanied by his brother Balwinder Singh, Raj Kumar Contractor and his missing son Mandeep alias Amandeep came to the CIA Staff, Panchkula. On interrogation Mandeep alias Amandeep revealed that he was studying in 10th Class and being weak in studies left the village of his own will and was doing the job of cleaner on Truck No.HR-63-3298 of Sh.Baljit Kumar at Rajpura District Patiala. Thereafter, the statements of Sh.Baljit Kumar mentioned above, Som Nath alias Kala Driver of Truck No.HR-63-3298 on which the son of the petitioner was doing the job of cleaner, Jetha Nand owner of tyre repair shop, Chara Mandi Rajpur, Hakam Singh Dhaba owner, Chara Mandi Rajpur, Joint statement of S/Sh.Sohan Khan son of Sh.Khusi Mohd. Sab Lal son of Sh. Raj Kumar, Sukhwinder Singh son of Sh.Mohanjit Singh and Suridner Singh son of Sh.Dharam Singh 2 Crl.Misc.No.M-13138 of 2009 all residents of Rajpura, District Patiala were recorded. On the basis of the statements of the above witnesses, the police came to the conclusion that no offence of kidnapping was made out.” Learned counsel for the petitioner has submitted that the offence committed by Tarlochan Singh and Gurdhian Singh was serious in nature. Despite the fact that they were named in the FIR, official respondents were not taking any action in the FIR. The son of the petitioner was recovered on 3.5.2009. The petitioner had suffered a great agony on account of kidnapping of his son. Learned State counsel has stated that son of the petitioner had run away of his own free will as he was weak in studies. After investigation, the allegations levelled in the FIR were found false and cancellation report was presented in the court of Area Magistrate on 2.2.2010. Since the cancellation report has been submitted, the petitioner will be at liberty to take all the pleas available to him by filing a protest petition. Hence, no ground for further interference by this Court is called for. Dismissed. [ Sabina ] Judge 04.02.2010 sd 3