V.K. Bali, J - (1.) By this common order, we are passing similar directions in all the four petitions for Habeas Corpus bearing No. 5223/2004, No. 4877/2004, No. 8223/2004 & No.2863/2003. Brief facts, which, however, need a necessary mention, have been extracted from Petition No. 5223/2004. The facts as projected in the petition reveal that on 19.4.2004 Miss Amara Devi daughter of Sirmohar Singh, aged 15 years had gone to Government School, Halena for appearing in the examination of Class-VIII. She, however, did not return home. Search was made by her parents everywhere but without any positive results. On 23.4.2004, her father lodged a report at police station Halena. On the report aforesaid, FIR No. 84/2004 came to be registered against Pappu @ Rabbo son of Makhan and Ghoori son of Ratan Singh, residents of Govindpura, Distt. Bharatpur u/ss. 363 & 366 IPC. The complainant is said to have then made an application to the Supdt. of Police, Bharatpur against the investigating officer, P.S. Halena and the Inspector General of Police, Bharatpur vide order dated 6.7.2004 transferred investigation to the SHO P.S. Weir Distt. Bharatpur. Miss Amara Devi, however, could not be found. The parents of the girl however kept on receiving threatening messages from Pappu @ Rabbo and Ghoori. It is under the circumstances referred to above that the present writ seeking directions to produce Miss Amara Devi in the Court was filed. The Hon'ble Bench then seized with the matter directed the Supdt. of Police, Bharatpur to recover and produce detenu Miss Amara Devi in Court on 17.8.2004. On 17.8.2004, the Court recorded that despite orders issued to produce Amara Devi, she was not presented and so much so that even the report had not been placed on records. Superintendent of Police, Bharatpur was directed to be present in person in the Court on 26.8.2004. On the date aforesaid, after recording the efforts made by the police, the matter was adjourned for four weeks. It appears that no clue about the whereabouts of the missing girl was found and therefore, when the matter came up for hearing on 27.9.2004, the concerned SHO was directed to appear alongwith the case diary on 13.10.2004,. On the date aforesaid, report with regard to Amara Devi was produced in the Court. Sirmohar also filed an affidavit making allegations against the SHO. Considering the allegations made by Sirmohar against the SHO, the Court directed Inspector General of Police, Bharatpur Range that he should take disciplinary action against the SHO and that the Inspector General would himself appear in the Court on 26.11.2004. He was also directed to file his affidavit showing the steps that might have been taken to recover Amara Devi. As the police could not yet make any substantial progress in the case and sought time to do the needful,' vide order dated 29.11.2004, fifteen days' time was granted to recover the detenu. Once again, on 14.12.2004 on the request made by the concerned Dy.S.P., fifteen days' time was granted to trace out the missing girl. It was clearly mentioned in the order aforesaid that the time was being granted on the assurance of the Dy.SP that positive efforts shall be made to trace out the girl. Vide orders dated 6.1.2005, learned counsel sought permission to implead the person against whom allegation of illegal detention was made. On 14.2.2005, the Court granted time to the respondents to file reply. On 22.2.2005, Mr. Rajeev Sharma, SP Bharatpur placed on record his affidavit. On 23.3.2005, day to day report with regard to the efforts made by the police for searching out the missing girl was filed and the matter was adjourned to 25.4.2005. On the date aforesaid, the following order was passed:- . "It is on 19.4.2004 that Kumari Amara Devi a young girl of 15 years got missing and an FIR was lodged in that connection by the petitioner who happens to be her father. In the FIR bearing No. 84/2004 Pappu @ Rabbo son of Makhan and Ghoori son of Ratan Singh have been named and specific allegations have been made against them that they had kidnapped Kumari Amara Devi. More than a year has gone by and police is unable to trace out the girl or even to arrest the accused. The Court is not satisfied with the steps which are stated to have been taken by the police in performing its duties. One last chance is given to the police to trace out the girl as also to proceed against accused in accordance with law, failing which, the Court will consider handing over the case to the CBI or some other agency."
(2.) When the arguments were heard in this case, learned Additional Government Advocate candidly stated that despite all efforts made by the police, the missing girl could not be traced out. He also stated that no action has since been taken against the persons named in the FIR.
(3.) Petition No. 4877/2004 also pertains to the case of a missing girl since 21.3.2004. Similar orders as reflected above, have been passed in this writ petition as well. The last order dated 4.5.2005 reads as follows : "The latest status report with regard to status of the case has been filed in the Court today. It be placed on record. List the matter for further consideration on 16.5.2005.";