RAJ KUMARI ANAND Vs. STATE OF U P

JUDGEMENT

(1.) R. K. Mahajan, J. This order would be read in continuation of orders dated 25-4-1996 and 2-8-1996. In the order dated 2- 8-1996, direction was made to issue notices to the Home Secretary and the Director General of Police, Uttar Pradesh to show cause why the reasonable compensation may not be granted to the mother and children of missing person Chandra Mohan for misfeasance and dereliction of duties by the concerned officers of the State of U. P. in tracing out the crime. The case was referred by this order to the CBCID for investiga tion. This order was also to be read in con tinuation of the order dated 25-4-1996 regarding details directions mentioned in it to the Home Secretary, Government of Uttar Pradesh as well as the Director Geneva! of Police, Uttar Pradesh. A direc tion was also issued that the Court would like to award compensation to the mother and the legal heirs for negligence of duties in the investigation of the case. The detailed facts have been mentioned in these two or ders. We do not think it proper to repeat the same again. Suffice it to say that the mother of missing person Chandra Mohan made a report on 10-3-1995 which was registered as case crime No. 292 of 1995 under Section 364 !?c about the abduction of her son Chandra Mohan. Lateron this habeas corpus petition was filed by the wife of Chandra Mohan and then the Court directed the in vestigation by a detailed order after refer ring the matter to the CBCID. The accusa tion under Section 173 Cr. PC. has been put in the competent court against the wife of Chandra Mohan, one Matiur Rahman and relations of the wife. In the report, it is mentioned that Chandra Mohan has not been traced out and there have been chan ces of having been murdered.

(2.) WE have perused the affidavit of Vijendra Pal, Joint Secretary Home, U. P. Shasan, Lucknow as well as the affidavit of Mahendra Pal Singh, Additional Superin tendent of Police (Sector Officer) CBCID, Bareilly. WE are not satisfied with the af fidavit of Vijendra Pal regarding mis feasance of the duties on the part of the officers in charge of Moradabad Police Sta tion regarding the efforts which they made in investigating the matter of such serious nature. The affidavit, which has been filed in a show cause notice by the Court, reveals that there were strained relations between Chandra Mohan and his wife and Chandra Mohan might have left the place or he might be concealing at some place. The affidavit of Mahendra Pal Singh also shows the progress of the investigation and in the affidavit there is a mention of the statement of the rela tions of missing Chandra Mohan that he mi ght have been murdered. WE have also rece ived some report of the CBCID in which the conduct and investigation of the police agency of Moradabad has been criticized.

(3.) WE are of the view that all the of ficers right from the rank of S. P. , who is head of the district, including Sri Arjun Singh Rawat, Sub Inspector : Sri M. P. Bhatnagar Sub Inspector : Sri Raja Ram Pal, Station House Officer, Police Station Civil Lines, Moradabad, Sri A. K. Sahdeo and Sri Jai Pal Singh, Circle Officer, Civil Lines, Moradabad and Sri D. C. Misra, Superinten dent of Police (City) Moradabad are respon sible for the dereliction/misfeasance of duties in tracing the crime and they are held liable for misfeasance of duties. The Home Secretary and D. G. P. have been served with show cause notice regarding the payment of compensation.