Simratpal v. State Of Punjab And ORS

--1--

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH DATE OF DECISION:-30.01.2020 1.

SIMRATPAL ...PETITIONER..

V.

STATE OF PUNJAB AND ORS.

...RESPONDENTS...

2.

CRWP NO.596 OF 2018 PARKASH DEVI ...PETITIONER..

VS.

STATE OF PUNJAB ...RESPONDENT.

CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present: Mr. GPS Bal, Advocate, for the petitioner (in CRWP-553-2018).

Mr. S.K. Arya, Advocate, for the petitioner (in CRWP-596-2018).

Mr. Pawan Sharda, Sr. DAG, Punjab.

*** RAMENDRA JAIN, J. (ORAL) By this common order, above titled two petitions are being disposed of.

--2-- Briefly, Sweety was married to petitioner (in CRWP No.553 of 2018) on 26.09.2009. A son had born out of their wedlock on 16.05.2011. Sweety in the year 2015, on her own, left the company of petitioner-Simratpal. Resultantly, Simratpal, lodged her missing report vide DDR No.26 dated 26.11.2015 at Police Station Sadar Ferozepur. However, after some time, she came back to her house and sworn affidavit (Annexire P-1) that on 25.11.2015, she, on her own, had gone to her parents' house with her brother Ashwani Kumar with her own free-will and wish without telling anyone in the in-laws family. She stayed in her parental house in Batala City for around 4/5 days and returned her matrimonial home on 30.11.2015.

Thereafter, on 16.04.2017, Sweety for the second time disappeared along with her five years old son. Petitioner-Simratpal again got recorded Rapat No.27 dated 20.04.2017 for her missing without any clue. Till date her whereabouts could not be traceable, despite intensive search.

Consequently, petitioner-Simratpal filed CRWP No.533 of 2018 for issuance of direction to police authorities to trace out his wife and his minor son. Simultaneously, mother of Sweety namely, Parkash Devi sent a complaint to the Chief Justice of this Court through post, which was treated as CRWP No.596-2018. Pursuant thereto, police authorities have made all possible efforts to locate Sweety and her minor son, but could not succeed. The State filed affidavit of Sh. Jaspal

--3-- Singh, Superintendent of Police, Ferozepur dated 25.10.2018 and 15.12.2018, disclosing efforts made by the police to trace her out. That apart, petitioner also got published missing of Sweety in newspaper "Ajit" (Annexure P-4). Simultaneously, police authorities also got published missing report of Sweety in the newspaper vide publications Annexures R-1/T to R-3/T at different intervals i.e. 20.04.2017, 20.09.2018 and 29.09.2018. According to the police, Sweety perhaps had gone to Singapore with someone and not present in the country. On previous date i.e. 16.01.2020, the investigating officer was directed to verify as to whether missing Sweety is in touch with her mother or in the alternative both are in contact with each other. Pursuant thereto, ASI Ashwani Kumar, submitted his affidavit.

According to the same, he contacted Parkash Devi and Ashwani Kumar, mother and brother respectively of the missing Sweety, and on inquiry from them, they did not cooperate, rather tried to hush up the matter on one pretext or the other. Perusal of both the cases transpires that police has made best possible efforts to trace out missing girl Sweety and her minor son, but could not locate them. Therefore, continuation of these petitions are not going to serve any purpose.

In view of the above, both these petitions are disposed of with the direction to the petitioners to disclose some better particulars/definite whereabouts of missing girl Sweety to the police to

--4-- seek its help to trace her out. Otherwise, police authorities would not entertain any further applications of the petitioners to trace out Sweety and her minor.

30.01.2020 (RAMENDRA JAIN) sonika JUDGE whether speaking/reasoned:

Yes/No whether reportable:

Yes/No