ANOOP SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(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.

(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.