05/ 28-Feb-2011 IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.1316 of 2010 KRISHNA KUMAR @ KANHAIYA KUMAR, SON OF SHANKAR SINGH @ SHANKAR KUMAR, RESIDENT OF VILLAGE-CHERI, P.S. SARMERA, DISTT-NALANDA, AT PRESENT PURANI BAZAR, MAHADEO TALKIES, SANTAR MOHALLA, TOWN P.S. AND DISTT- LAKHISARAI………………………..PETITIONER Versus 1. THE STATE OF BIHAR THRU THE HOME SECRETARY, GOVT. OF BIHAR, PATNA. 2. THE DIRECTOR GENERAL OF POLICE, BIHAR, PATNA. 3. THE DY INSPECTOR GENERAL OF POLICE, BHAGALPUR. 4. THE SUPERINTENDENT OF POLICE, LAKHISARAI. 5. THE DEPUTY SUPERINTENDENT OF POLICE, LAKHISARAI. 6. THE OFFICER-IN-CHARGE, PIPARIA P.S.DISTT-LAKHISARAI……RESPONDENTS. ----------- Heard learned counsel for the petitioner. Nobody appears on behalf of the State. 2. Petitioner is son of one Shankar Singh @ Shankar Kumar, Resident of Village-Cheri in the District of Nalanda. Petitioner is also the informant of Piparia P.S. Case No.50/2010 initially lodged through a Complaint Case before CJM, Lakhisarai on 23.11.2011 on the basis whereof an FIR was lodged on 25.11.2010 for an alleged occurrence of 18.11.2010. Allegedly father 2 of the petitioner namely, Shankar Singh and another person namely, Arvind Singh @ Khtanand Singh have been kidnapped by a large number of persons named as accused. It is not in dispute that on 18.11.2010 at 10:30 A.M. one Arjun Rai gave Fardbeyan contained in Annexure-4 to the effect that three persons were killed on 18.11.2010 at about 6:00 in the morning because of land dispute relating to a land which Arjun Rai and others claimed to have settled with them under the provision of the Ceiling Act. On the basis of said Fardbeyan an FIR of Piparia P.S. Case No.49 of 2010 contained in Annexure-4 appears to have been recorded on 18.11.2010 at 3:30 P.M. against a large number of persons. 3. It is the case of the writ petitioner that the allegations made by him are correct and therefore it is the duty of the State and its officials particularly, the police officials to produce the alleged victims, Shankar Singh and Arvind Singh before this Court after rescuing them from the alleged accused persons or to disclose their whereabouts to this Court. 4. A counter affidavit has been filed on behalf of 3 the Respondents No. 4 and 5 who are the Superintendent of Police and D.S.P. of Lakhisarai respectively in which a stand has been taken that petitioner’s father happened to be an employee of one Krishna Chandra Prasad Singh who is main accused along with his brother and other family members of Pipra P.S.Case No. 49/2010 for the murder of two persons. To defend the said Krishna Chandra Prasad Singh allegedly, a false case of kidnapping of two persons has been lodged. According to counter affidavit the alleged two victims are the two employees of Krishna Chandra Prasad Singh who have been sent to some unknown place by their employer and not a single independent person has allegedly supported the allegation of kidnapping of Shankar Singh and Arvind Singh during investigation as well as in course of supervision by the Sub Divisional Police Officer, Lakhisarai. 5. Learned counsel for the petitioner submits that in the aforesaid facts and circumstances, this Court should direct the police officers to trace and give the whereabouts of the alleged victims in order to prove that the case lodged by the petitioner is false. No doubt, 4 police should make efforts to trace the whereabouts of the two alleged victims to the best of their capacity so that truth may be found out. However, it would not be proper, in the facts of the case, to keep this writ petition pending when the basic facts are in serious dispute. The writ petition is, therefore, disposed of with an observation that police officers shall try their best to locate and find the whereabouts of the alleged two victims. perwez (Shiva Kirti Singh, J.) (Gopal Prasad, J.)