High Court of Punjab and HaryanaCRM-M/21875/2013disposed of

Rishi Raj v. State Of Haryana Etc.

2016-08-03Mrs. Justice Raj Rahul Garg3 pages

-1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision:- 03.08.2016 Rishi Raj ....Petitioner

Versus

State of Haryana and others ....Respondents

CORAM:

HON'BLE MS. JUSTICE RITU BAHRI

Present:

None for the petitioner.

Mr. Anmol Malik, Asstt. Advocate General, Haryana. **** RITU BAHRI, J. (Oral) Learned State counsel has filed an affidavit of Deputy Commissioner of Police, West Gurugram and the same is taken on record. Petitioner is seeking directions to make fair investigation in FIR No.618 dated 01.11.2008, registered at Police Station City, District Gurgaon under Section 363 and 366-A IPC.

On 01.11.2008 the aforesaid FIR was registered with the allegations that minor daughter of the petitioner was kidnapped while going to school. Petitioner was being threatened by respondent Nos.4 to 6, who kidnapped his minor daughter.

Upon notice, replies of the State dated 17.12.2014, 28.04.2015, 08.10.2015 and 03.08.2016 have been filed.

Respondent Nos.5 and 6 have also filed their reply, joined the

-2investigation and nothing incriminating was found against them. Respondent No.5 has stated that an year before 2008 accused Pawan had worked as a driver on his taxi and left work. He is not in any contact with him.

During investigation, the investigating agency got published the pamphlets with photographs of the accused Pawan and prosecutrix Yamini and circulated in public places in different districts and states. The polygraph test of suspected persons was also got conducted from the FSL Madhuban but nothing incriminating came forth against them. Relatives of accused Pawan and other respectable persons of different areas were joined in the investigation to know their whereabouts. All other efforts were also made by the investigating agencies but nothing has been found to them. Thereafter, on continuation of the investigation on 18.02.

2015, Inspector Vishal Kumar, SHO Police Station, Gurgaon, conducted the investigation for search of Pawan and Yamini at Bus Stand, Gurgaon and Bus Stand City Gurgaon and distributing the pamphlets showing rewards at public places. On 08.07.2015, ASI Balraj with constable Mukesh Kumar, visited the house of accused Pawan at Baba Hardeva Colony, Heli Mandi, where his brother Rajesh Kumar met but nothing material could be ascertained. However, he assured that if any clue regarding the missing of couple came to his knowledge he will bring the same to the notice of the police. Finally, an affidavit dated 03.08.2016 has been filed by the State and as per said affidavit, total 14 relatives of Pawan-respondent No.

4 were joined investigation by team including that of the rank of DCP but still whereabouts of daughter of petitioner and respondent No.4 are not known.

-3to be taken in the matter and the present petition is hereby disposed of as such.

Needless to mention that in case any information is receive with regard to whereabouts of daughter of the petitioner and respondent No.4, then, the petitioner would be at liberty to approach the respondentsState for further investigation. August 03, 2016 ( RITU BAHRI ) naresh.k JUDGE Whether speaking/reasoned Yes Whether reportable No