COL KULWANT SINGH Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) By this application under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), the petitioner has challenged the legality and validity of the judgment and order dated 16.6.2011 passed by the Additional District and Sessions Judge, No.1, Aizawl District in Criminal Revision Petition No.264 of 2010 directing the Chief Judicial Magistrate, Kolasib to frame the charge against the petitioner.

(2.) The prosecution case in brief is that one Chhungrothanga, then resident of Vairengte, District Kolasib. Mizoram had submitted a complaint before the National Human Rights Commission (NHRC) alleging that the petitioner while posted in the counter insurgency and Jungle Warfare School, Vairengte in the year 2000 had taken his son Shillongthanga aged about 12 years from the Vairengte to Chandigarh to work as domestic heip witn the promise of paying him Rs.500 per month and getting him recruited in the Indian Army after attaining adulthood. However, the father neither received the promised amount nor heard of his son thereafter. On receipt of the complaint, the NHRC forwarded it to the Ministry of Defence, Govt, of India with a direction to submit action taken report within 4(fourj weeks. The Ministry of Defence informed the NHRC on 10.4.2003 that the petitioner, who was then posted as Administrative Officer, NCC at Ghaziabad, Uttar Pradesh, had denied any role in the missing of Shillongthanga. The Defence Ministry, therefore, recommended handing over of the case to Mizoram police. The NHRC sent a copy of the Defence Ministry's report to the father Sri Chhungrothanga.

(3.) The father then submitted another complaint before the Child Welfare Committee, Aizawl. On 21.2.2006 a news report was published in the English daily newspaper "The Telegraph" under the caption "Mystery over missing boys". The Hon'ble Chief Justice of this Court took note of this news report and this Court suo moto took up the matter on the judicial side by registering a case i.e. W.P(C) (Taken up) No.1153 of 2006. ft was then that the Mizoram police obtained the complaint from the father, on the basis of which Vairengte PS Case No.15 of 2006 under Section 365/418 IPC was registered. The Mizoram police found that the investigation of this case was spread over several other places outside the State of Mizoram such as Delhi and Chandigarh and, therefore, the Govt, of Mizoram requested the Central Government to direct the Central Bureau of Investigation (CBI) to take over the investigation of the case The Government of India in the Ministry of Personnel, Public Grievances & Pension (Department of Personnel & Training) thereafter issued a notification dated 6.9.2007 under Section 5(1) read with Section 6 of the Delhi Special Police Establishment Act, 1946. By the said notification, the Central Government with the consent of the State Government of Mizoram extended the powers and jurisdiction of the members of the Delhi Special Police Establishment to the whole of the State of Mizoram for investigation of the Vairengte PS Case No. 15 of 2006 under Section 365/418 IPC. Thereafter, the CBI registered an FIR bearing No. 0007(s)/2007 dated 28.9.2007 under Section 370 and 374 IPC. After completing the investigation, the CBI filed the charge-sheet being Charge-sheet No.2 in RC7(S)/2007/CBI/SCR-I/ New Delhi in the Court of Judicial Magistrate, First Class, Kolasib, Mizoram. The petitioner was charge-sheeted as the accused person under Sections 370 and 374 IPC.