MUKESH Vs. CENTRAL BUREAU OF INVESTIGATION CHANDIGARH

JUDGEMENT

(1.) Ms. Sushil Kumari. a lady teacher, working in a school at Hisar, was allegedly abducted on 30-4-1993. Her father handed over a written complaint to the S.H.0. Police Civil Lines. Hissar, on the basis of which a daily diary report was recorded., On 8-5-1993, a close relation of said Sushil Kumari moved another application to the senior Superintendent of Police, Hisar, on the basis of which F.I.R. No. 181 dated 8-5-1-993 was registered at Police Station Civil Lines, Hisar, for an offence under section 364 I.P.C. Later on, the case was handed over to The Central Bureau of Investigation. The C.B.I. registered C.R. No. 28 on 7-7-1994 at Chapdigarh under section 364, I.P.C.

(2.) The C.B.I. during investigation arrested the petitioner on 28-11-1994 and obtained police remand. On interrogation, a disclosure statement purported to have been made by the petitioner was recorded on 1-12-1994. At this stage, the offences under Sections 346/302/201 I.P.C., were added in the said crime report. On 12-12-1994, the petitioner is stated to have made a statement under section 164 of the Code of Criminal Procedure (hereinafter referred to as as Code). Since the Investigating Agency failed to complete the investigation and file the charge sheet within the stipulated period of 90 days, the petitioner was directed to be released on bail by the Special Judicial Magistrate. Ambala by order dated 2-31995 in the aforesaid case purported to be under section 120-B, read with Sections 364,30,20 1, I.P.C.

(3.) After completing the investigation, the C.B.I. filed a charge-sheet against the petitioner for the offences under sections 364/346, I.P.C. Accordingly, a charge under section 364/346. I.P.C. was framed against the petitioner to which he pleaded not guilty and claimed trial.