Mangat Ram v. State Of Haryana And Others




 



 

  

 



 

  

 



 

  

 



 

 

   
   
   
  




 



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Ms. Aditi Girdhar, AAG, Haryana.


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1.

Petitioner has filed instant petition under Section 528 of ,$2
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2.

Learned counsel representing petitioner referred to the aforesaid FIR No.286 dated 14.08.2024 (supra) registered at Police Station Ambala City, District Ambala (Annexure P-1) on the statement of petitioner who stated that her daughter i.e. victim was born on 13.12.2005. After

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studying 10th class she was doing course of Computer Engineering from Kalpana Chawla Polytechnic Ambala City for the last about one year. She started doing course of 45 days in Computer Engineering from Future Finder Mohali, Punjab. On 12.08.2024 at about 8 am, she left the house to attend her course and he had also gone for his work. When he returned home on 13.08.2024, he came to know that his daughter i.e. victim did not return home. He could not locate her whereabouts. She was having mobile No.8199850449 which was switched off. He came to know that one boy namely Rohit was talking to his daughter on phone. With these allegations, present case was registered under Section 127 (6) of Bharatiya Nyaya Sanhita, 2023.
3.

Learned counsel for the petitioner argued that petitioner approached police time and again but no proper inquiry was conducted. Main accused Rohit had sent a message by posing himself as victim and was falsely claiming that she was about to jump into jansui canal and it was further stated that Rohit had already committed suicide. Said message was received by elder sister of the victim who tried to make her understand. On the same day, petitioner along with his family went jansui/head canal and informed police. Thereafter, petitioner approached Police Station Ambala City and handed over formal complaint along with screenshot of the chat. During this entire period, no proper action was taken by the police. Petitioner handed over the bag of the victim containing various articles. Despite repeated requests when no concrete steps have been taken to find out the whereabouts of the daughter of the petitioner, present petition has been filed. Representation sent to the Director General of Police, Haryana is Annexure

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P-3 and to Superintendent of Police, Ambala is Annexure P-4. 4.

Status report already received. Learned counsel representing State pointed out that FIR No.286 dated 14.08.2024 (supra) was registered on the statement of Mangat Ram complainant. Investigation was carried out. On 15.08.2024 complainant had produced one photograph and date of birth certificate of missing girl which were taken into police possession. Assistance was taken from cyber cell and application was moved for getting call details record of the mobile phone of missing girl as well as of accused Rohit. On 16.08.2024 complainant again approached the investigating officer and presented bag of the victim found from SYL canal jansui head. Said bag was taken into police possession. Accused Rohit was produced in the police station by Sarpanch Rakesh Kumar who was joined in the investigation and arrested on 16.08.2024.

Disclosure statement of accused was recorded on 18.08.2024 (Annexure R-1). Investigating Officer along with team of swimmers visited SYL river to find out the body of victim. Family members demarcated the place from where the bag was recovered. Supplementary statement of the sister of the victim was recorded which is Annexure R-2. CCTV footage was also collected. Site plan was prepared. On completion of investigation, challan was presented under Sections 127 (6), 108, 140 (3), 238 (b) and 87 of Bharatiya Nyaya Sanhita, 2023 . At present case is fixed for consideration on charge. It is further clarified that investigation in this case was transferred to CIA-1, Ambala vide order No.1701-04/Reader dated 07.10.2024 of SP Ambala. Further efforts were made to locate the missing girl.

Even by checking dead body of any missing girl found in the area, no clue was found.

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locate the whereabouts of the missing girl. Therefore, investigation was carried out in fair and impartial manner.
5.

I have considered the aforesaid factual position. The contents of status report indicate the steps taken from time to time by Investigating Agency. Status report indicates that initially investigation was carried at a slow pace and most of the efforts were being made by the petitioner himself. Rohit accused appeared in the Police Station on 16.08.2024 and thereafter investigation started in a systematic manner. Further investigation was carried out by CIA-1 Ambala as per orders of SP, Ambala. At present on the conclusion of investigation, challan is already presented against the accused Rohit and the case is pending for arguments on charge. Unfortunately, missing girl could not be recovered. Trial in this case will take its own course. No further direction is required. Therefore, petition is accordingly disposed of.








   



  



 





















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