NANAK CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) NANAK Chand son of Hari Singh, resident of village Goela, District Gurgaon is feeling aggrieved with the police because of their in- action and disinterestedness in locating his son Naval Singh who has not seen the light of the day after the mid of July 1995. When he felt that the police was not active in locating his son, he made an application to the Hon'ble The Chief Justice of this court dated 2.8.1995 which was treated as Criminal Writ Petition stating therein that he has 4 sons namely Tej Pal aged 22 years, Charan Singh aged 19 years, Naval Singh aged 13 years and Naresh aged 9 years. A few days prior to 2.8.1995, quarrel had taken place between them and Gur Parsad, Bharat Singh, Madan Lal sons of Roop Chand, Sohan Lal son of Ami Chand, Kishan Lal alias Pappu son of Sohan Lal, Om Parkash son on Bhajan Lal, Rakesh son of Gopi Ram, residents of village Goela over a passage. The matter was reported to the police. Biradri intervened and got compromise effected between them. Gur Prasad etc. however, did not effect compromise from the core of their heart. They continued harbouring grudge against Nanak Chand and his family and conspiring against them. On 11.7.1995 in pursuance to that conspiracy they and Puran Singh kidnapped his son and sent him to some unknown place where he was concealed or done to death. Upto 12.7.1995 Nanak Chand and the members of his family continued to make efforts to locate Naval in their relations and the near-about places. Nanak Chand asked Bharat Singh that his son Puran had kidnapped his son and taken him to some unknown place. Bharat Singh etc. became riotous on hearing this from Nanak Chand. They were, however, mum so far as this allegation made by him is concerned. On 13.7.1995, Nanak Chand came to know that Puran was in village Taoru along with his son Naval but when he reached village Taoru, they were not available there. At about 9.00 PM Charan Singh told his father Nanak Chand weepingly that Rakesh had brought Puran but Naval was still missing or they had murdered Naval. Thereafter Nanak Chand went to see Bharat Singh etc. along with the respectables as asked them about the whereabouts of his son Naval. Bharat Singh etc told Nanak Chand that they had eliminated Naval and had fulfilled their object. They threatened Nanak Chand in the presence of those respectables that he was free to do anything which he could do against them. Eventually, Nanak Chand reported the matter to the police. Case FIR No. 153 dated 21.8.1995 under section 364/120-B IPC was registered in P.S. Taoru.

(2.) POLICE have not done anything to find out whether Naval is dead or alive. Nanak Chand's apprehension is that the police are in-active because they are conniving with Bharat Singh etc. Nanak Chand prays that case FIR No. 153, dated 21.8.1995 be got investigated by DSP Headquarters or SDO Nuh so that his son was got recovered and handed over to him. Nanak Chand has prayed for the issuance of writ in the nature of order or direction to the DSP Headquarters or SDO Nuh to investigate this case thoroughly and recover Naval and pinpoint criminal liability and secure legal punishment to the persons responsible for the kidnapping of his son and his eventual elimination if he has been eliminated or for his kidnapping with the intent to murder.

(3.) SI /SHO Dalbir Singh also investigated this case on 7.10.1995. He went to village Goela and made enquiries. He came to know that on or about 13.7.1995 Nanak Chand had met his son and that Nanak Chand had engineered this complaint falsely against Bharat Singh etc. only to take revenge of the old dispute. The Panchayat also felt suspicious about the false nature of the complaint. ASI Om Parkash interrogated Bharat Singh etc. on 13.10.1995 but he did not arrest them as according to the revelations made during investigation nothing tangible appeared warranting their arrest. Nanak Chand gave in writing on 17.11.1995 that though Naval Singh had not been traced, Bharat Singh etc. were innocent and no action was required to be taken against them and further his son Naval Singh was roaming about of his own. To this effect, statement of Nanak Chand under section 161 Cr.P.C. was recorded on 17.11.1995. Panchayat also decided that none was at fault so far as the disappearance of Naval Singh was concerned. During investigation no evidence came to the hands of the Investigating Officer as to any conspiracy resulting into the kidnapping of Naval Singh by Bharat Singh etc.