RAM KRISHAN SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS habeas corpus petition was filed by Ram Kishan Sharma, the petitioner after his daughter Kumari Sonam Sharma who was the student of Class 11th of Tangore Public School, Mansarovar, Jaipur who went missing on or before 13th March, 2010. A report being F.I.R. No.138 of 2010 was registered at Police Station Mansarovar, Jaipur in this respect for an offence under Sections 363 and 366 I.P.C. and in which one Chandra Shekhar son of Shri Nathu Lal was also named as an accused, as it was believed by the petitioner that he was responsible for having kidnapped his daughter Kumari Sonam. As Kumari Sonam Sharma could not be traced and the petitioner was not satisfied with the investigation, he presented this habeas corpus petition on 14.06.2010 before this Court in which apart from the officials of the State, Chandra Shekhar, his parents and family members were also arrayed as respondents.

(2.) THIS Court ordered that notices to be issued to the counsel for the State with further direction to trace and produce Kumari Sonam, the detenue before this Court. Despite the aforesaid directions having been issued in June, 2010 Kumari Sonam could not be traced and nor could the accused Chandra Shekhar be traced and produced before the Court. Several opportunities were granted and the last order came to be passed on 05.12.2011 wherein again on the request of the respondents eight week's time was allowed to the respondents to produce the detenue before the Court for submit the progress report of the investigation with further direction that the application submitted by the petitioner for transferring the case to the C.B.I. would also be taken up on the said date, in case the detenue is not traceable. We may add here that earlier also on 17th of March, 2011 this Court had inquired from the petitioner as a period of one-year had elapsed since Kumari Sonam had gone missing and was not traceable whether the petitioner was keen to have the case transfer to the C.B.I., but at that point of time the petitioner was not keen for the transfer of the case to the C.B.I. and wanted the Rajasthan Police to investigate the matter. The order dated 05.12.2011 recording the various proceedings that have taken place before this Court reads as follows:-

(3.) ON the request of the learned Counsel for the respondents, we direct that the Commissioner of Police, Jaipur would assign this case to the special team in the Crime Branch attached to the Commissionerate of Police under supervision of an ACP (of the rank of Dy.S.P.) and few more persons including an officer of the rank of Inspector who would go through the case diary of the investigation conducted so far and proceed in a systematic manner analyzing all possible angles and proceeding with each trail to its logical conclusion and submit a detail report before this Court of the investigation carried out by them and examining each of piece of evidence collected so far and which may be gathered by them.