PREM Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Through the instant petition filed under Section 482 CrPC, the petitioner seeks issuance of directions to respondents no.3 and 4 i.e. Superintendent of Police, District Kaithal and SHO, Police Station, Titram Mor, Tehsil and District Karnal to perform their imperative corresponding duty to protect rule of law and to register a case in pursuance of the report given to the police regarding missing of petitioner's son namely Nirmal.

(2.) As per the averments made in this petition, petitioner's son namely Nirmal is missing for last almost one month and the petitioner apprehends that he might have been subjected to some heinous crime. Respondents no.2 to 4 are casual in redressing the grievance of the petitioner and they have not made any sincere effort to locate his son "Nirmal". It has been further averred that earlier also, the petitioner had filed a habeas corpus petition i.e. CRWP No.1024 of 2015, which was disposed of by this Court vide order dated 10.7.2015. The aforesaid order reads as under:-

(3.) Learned counsel for the petitioner contends that the whereabouts of his son could not be known. The petitioner apprehends that his son is in some danger at the hands of respondents no.5 to 8 on account of the dispute pertaining to his daughter-in-law. Learned counsel further argued that in view of a Division Bench judgment of this Court in the case of Human Rights Protection Council and another v. State of Punjab,2002 3 RCR(Cri) 939 , the situation with regard to missing person/children is alarming and the police is required to register FIR instead of entering a DDR.