Nirmaljit Kaur, J. - (1.) THIS is a petition under Section 482 Code of Criminal Procedure with prayer to order probe into the disappearance/murder of the son of the Petitioner namely Harwinder Singh, student of B.A.M.S. Course, Government Ayurvedic College, Patiala by Central Bureau of Investigation and also register the FIR.
(2.) THE son of the Petitioner, namely, Harwinder Singh was admitted in BAMS Course and was the student of Ist year in Government Ayurvedic College, Patiala, where he was staying in the Hostel of the College. On 21.05.2009, the Petitioner got a telephonic message at 7.00 pm from Anil Kumar, room mate of the Petitioner saying that the son of the Petitioner has drowned in the water of Bhakhra Canal while he was taking bath along with Anil Kumar and other students. It was intimated that they were nine in number. After receiving the message on the same day, the Petitioner reached at Patiala and met the Principal of the College -Respondent No. 8 - Dr. Ashwani Kumar Sharma. Learned Counsel for the Petitioner contended that he was handed over a silver ring with green stone, a copper ring, shirt and pajama of the son of the Petitioner. It was also submitted that after getting the aforesaid items, the Petitioner suspected foul play. It was further contended that although the above things were given to the Petitioner but no shoes of his son were handed over. The college made arrangements of professional Divers from Haryana State. They also searched the canal but of no avail as body was not found. Thus, the story put forward by the Students is false. He further alleged that the son of the Petitioner has been killed by the Students who accompanied his son. DDR No. 19 dated 21.05.2009 was recorded on the statement of the Students. However, in spite of the best efforts to search his son, the Petitioner was not able to find his son. Accordingly, he represented to the Senior Superintendent of Police, Patiala vide his application dated 03.06.2009. The Petitioner also made representations to the various authorities including the Human Rights Commission, National Human Rights Commission, New Delhi as well as other authorities.
(3.) IT was also contended that the photographs clearly show that by no stretch of imagination any one can take bath by the side of the canal as the water flows at a very high speed. The son of the Petitioner did not know swimming and, therefore, he could not have gone for swimming. The other students also did not know swimming. As such, the Petitioner 's son and other students did not go to the Canal for taking bath. However, the recovery of the rings, shirt and pajama etc. shows that it was a pre -planned conspiracy. As such, it is not a case of drowning but of a murder. Therefore, the police is duty bound to register FIR in the present cas.;