JUDGEMENT
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(1.) BARKAT Ali Zaidi, J. A fifteen years old blooming boy was murdered on 15/16-9-2000 and his dead-body was ultimately recovered the next day.
(2.) PRIOR to this, his mother had filed a First Information Report at Police Station Seohara District Bijnor that the boy was missing but did not name any body as a culprit in the First Information Report.
Subsequently, after recovery of his dead-body, the police (In Case Crime No. 337 of 2000 under Sections 394,304 and 201, I. P. C.) submitted a final report saying that it was not possible to find out as to who killed the boy. This was a very unusual and strange final report. If the police files such final reports stating that they have not been able to find out who has committed murder and murders go abegging, dooms day cannot be far off, and disorder and chaos will prevail. Criminals will hold sway; and the life and property of citizens will be rendered wholly unsafe. It is the duty of the police, to find out, as to who is responsible for a murder, and they cannot close the file and submit a quick final report, that the murder is untraceable. Files in murder cases where culprits are not immediately traceable are kept open for years together, till the murderer is found out and concerted efforts are made and special teams formulated to work out the crime.
It is indeed distressing to note that the police officer concerned, so easily filed a final report and no earnest efforts were made to find out the killers and it is still more surprising to see that the supervising officers allowed such a final report to be submitted to the Court.
(3.) NOW that the mother of the murdered boy has discovered that two persons were responsible for killing her son, and has mentioned so in the protest petition before the Chief Judicial Magistrate, legal and technical pleas are being raised so, that the case may go back to square one and be shelved, as an untraceable murder.
The police officer who submitted the police report and those who were responsible for supervising the crime must be made to answer the laxity and we do not know if some extraneous considerations prevail.;
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