SURINDER KAUR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) SMT . Surinder Kaur has invoked the inherent jurisdiction of this court under section 482 Cr.P.C. through this Crl. Misc. whereby she has alleged that her husband Sh. Jagir Singh who was Senior Assistant in the office of Tehsildar Mohali (holding additional charge in the office of Sub Divisional Magistrate Mohali) has been missing since 21.8.97 and since then, his whereabouts are not known and he has been lying untraced. She has prayed that a probe may be ordered into his disappearance by a judicial officer of the rank of Distt. & Sessions Judge or through any investigating agency like C.B.I so that it is brought to fore whether her husband is in this world or is no more in this world and if he is no more in this world, what has brought about his disappearance from the face of this earth. It is alleged that her husband left home at about 7.45 a.m. on 21.8.97 on routine official duty. On arrival in his office, he marked his presence in the attendance register maintained in the office. One Sh. Mewa Singh, who working as Senior Assistant in the office of Sub Divisional Magistrate, Mohali, told Jagir Singh that he had received telephonic message from one Rajinder Singh, a Clerk working in the Nazrat Branch, in the office of Deputy Commissioner, Rupnagar that the records of a court case titled Harinder Footwears Versus Punjab & Sind Bank fixed for 27.8.97 was being summoned. Mewa Singh is alleged to have requested Jagir Singh to go to Rupnagar with the records of that case. Thereafter, Jagir Singh is said to have left for Ropar with the official record of that case. Unfortunately, he did not return on 21.8.97 to his house. In the nature of things, he should have returned after his duty period was over as he never stayed outside without leaving a prior note with his family. On 22.8.97, Smt. Surinder Kaur gave a ring to her husband's office at about 11.00 a.m. One Kulwinder Singh attended the phone call. He brought about contact between her and one Smt. Joginder Kaur, a steno on the telephone. Smt. Joginder Kaur told Surinder Kaur, petitioner, that Jagir Singh had gone on official duty to the office of Deputy Commissioner, Ropar with some records relating to a court case. She further told her that because there was some deficiency in the office records, Jagir Singh was made to sit in the court at Ropar throughout the day on 21.8.97. Smt. Joginder Kaur told Surinder Kaur not to worry even if he did not return on 22.8.97 as he would return after the office records in Harinder Footwears case was completed. Surinder Kaur collected the residential telephone No. of Sh. Mewa Singh, Steno, and that of S.D.M. Mohali from Smt. Joginder Kaur. Smt. Surinder Kaur tried to locate the whereabouts of her husband but all in vain. Mewa Singh Sub Divisional Assistant in office of S.D.M., Mohali, could not furnish her any information. Smt. Joginder Kaur, too could also not furnish any information to her regarding the whereabouts of her husband Jagir Singh. Eventually, DDR No. 17 (Annexure P1) was registered at P.S. Mohali regarding his disappearance. Despite frantic efforts having been made by Smt. Surinder Kaur, petitioner, to locate her husband, he could not be located. Her relatives and friends could furnish no information as to his whereabouts. Despite the news of his disappearance having been circulated through Press/media and Doordarshan, along with his photograph, he could not be located. It is alleged that the disappearance of her husband has shaken her off feet. She has been moving from pillar to post in quest of her husband but to no effect. Nothing has come out of the investigation of the said DDR.

(2.) RESPONDENTS 1-3 have put in reply in the form of a short affidavit of Sh. Bachan Singh Randhawa, Superintendent of Police, Mohali. It is quite patent that so far the whereabouts of Jagir Singh are lying obscure. Local Police has not been able to bring to the fore as a result of the investigation of that case whether Jagir Singh is alive or dead; if dead, who is responsible for his death.