KASHMIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BY means of this petition filed under Section 482 Cr.P.C., Kashmir Singh, son of Mehan Singh, resident of village Kamawala urf Muthianwala, Police Station Mallanwala, district Ferozepur, seeks issuance of direction to respondent No. 2 to register a case against respondents No. 4 to 10 for the offences punishable under Sections 364/302/148/149 IPC.

(2.) DIDAR Singh, son of the petitioner, is alleged to have gone to his fields on 4.8.1997 at about 5-00 p.m. but thereafter he never returned. A search was made for him, but no trace of him was available. The petitioner lodged a complaint with respondent No. 2, wherein he expressed his suspicion regarding the complicity of respodents. No. 4 to 10 for abduction of his son. The report was, however, not registered. A representation was made to the Deputy Superintendent of Police on 11.8.1997, which was followed by another representation to the Senior Superintendent of Police on 11.8.1997, which was followed by another represenation to the Senior Superintent of Police and then to the Deputy Inspector General of Police on 23.8.1997. Even the State Government was approached in this regard, but nothing happened. Consequently this petition was filed.

(3.) IT is a matter of deep concern that the son of the petitioner is reported missing and as per suspicion expressed by the petitioner, the culprits are alleged to have abducted him and since then he is untraced. The State has taken this matter so casually that during enquiry which was conducted after registration of Daily Diary Report, resulted in the supposition that the missing person in a drunken state might have fallen down the bridge and died. In my considered view, the State cannot take shelter under such enquiry and refuse to register the First Information Report in the present case wherein the son of the petitioner was reported missing and, in fact, suspected to be abducted and done away with.