MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE present Criminal Misc. Writ Petition has been filed by Mahendra Singh son of Sam Puarn Singh and Surendra son of Shankar both residents of D-5, Sector-31, Noida, District Gautam Budh Nagar praying therein to quash the First Information Report registered as case crime No. 838 of 2006 under Sections 363, 366 IPC pertaining to Police Station Sector-20, District Gautam Budh Nagar (Annexure No. 1 to the writ petition) and to direct the police authorities not to take coercive measures against them pursuant to the said F. I. R. or any suitable relief as the Hon'ble Court deems fit and proper in the circumstances of the case.

(2.) THE brief relevant facts of the case, as disclosed in the impugned First Information Report, are that Deepika @ Payal is the daughter of Nand Lal son on Khakendra resident of C-233, Sector-19, Noida at present 35-C/b-5, Mayur Vihar, Phase-III, Delhi. His daughter was in search of a job for herself and for her brother Amit and in regard to it she met Mahendra, the petitioner, as the petitioner is running his factory in Noida. THE above named Mahendra told her to come alongwith her bio-data on 7-5-2006 at his residence D-5, Sector-31, Noida, District Gautam Budh Nagar. Nand Lal received message through mobile No. 9810098644 on his mobile No. 9891115404 from Surendra, the servant of Mahendra and it was told that Deepika @ Payal should come at his residence at 4. 00 p. m. Deepika @ Payal proceeded to the said place expressing to her father that she will return soon, but she did not return. Nand Lal started to make search of her daughter and also tried to have talk on above-said mobile number, but that was found switched off. He also talked to Mahendra on telephone, but he did not reply satisfactorily and cut the mobile phone, but told him to meet him after two days at his said residence. Since Deepika @ Payal was not traceable, Nand Lal approached the Incharge of Nithari Police Outpost and informed him in regard to the missing of his daughter, who told him that she would be searched. After two days, he went to D-5, Sector-31, Noida and met Surendra, the Chowkidar of the house and enquired about his daughter whereupon he (Surendra) became disturbed and sent him back. It is alleged in the impugned First Information Report that Mahendra and Surendra have detained his daughter somewhere else and in this connection he met the Station Officer of Police Station Sector-20, Noida to lodge the report, but the report of missing only was registered. When he did not succeed in lodging the report, as required, he made an application dated 24-8-2006 under Section 156 (3) Cr. P. C. in the Court of the Chief Judicial Magistrate, Gautam Budh Nagar Bearing Misc. Application No. 176 of 2006 and the Magistrate issued direction for the registration of the case. As a consequence, a case as case crime No. 838 of 2006 under Sections 363, 366 IPC pertaining to Police Station Sector-20, District Gautam Budh Nagar was registered referred-to-above.

(3.) LEARNED Counsel for the informant submits that since there is no fair and proper investigation into the case and there is no traceability of the victim Deepika @ Payal, therefore, the investigation into the case be entrusted to C. B. I.