RAMESH Vs. STATE

JUDGEMENT

(1.) This habeas corpus petition has been filed by the petitioner alleging that his minor daughter Kumari Pushpa, aged about 16 years, has been taken away and kidnapped on 4.10.2012 by respondent no.4 with the help of respondent nos.5 and 6. Respondent no.5 happens to be mother of respondent no.4. It is contended that the petitioner filed a first information report with Police Station Basedi, District Dholpur against them for offence under section.363 and 366 of Indian Penal Code on 5.10.2012. The petitioner met the Inspector General of Police also, but no progress has been made in the investigation. Petitioner has thereafter made number of representations to the higher authorities including the Honourable Chief Minister and Inspector General of Police, Range, Bharatpur, but his minor daughter has not yet been recovered.

(2.) This is a petition which though styled as habeas corpus petition but, in fact, complains about inaction on the part of the investigating agency regarding investigation into the FIR lodged by the petitioner. According to provisions contained in the Code of Criminal Procedure, if and when a first information report is registered in a Police Station, copy thereof is required to be immediately send to the Magistrate as per Sec. 157 of the Code of Criminal Procedure, 1973.

(3.) Sec. 157 of Cr.PC. requires that if, from information received or otherwise, an officer in charge of a police station has reason to suspect commission of an offence, which he is empowered under section 156 to investigate, he shall forthwith send a report of the same to a Magistrate empowered to take cognizance of such offence upon a police report and shall proceed in person, or shall depute one of his subordinate officers, not being below such rank as the State Government may, by general or special order, prescribe in this behalf, to proceed, to the spot, to investigate the facts and circumstances of the case, and, if necessary, to take measures for the discovery and arrest of the offender. Sec. 159 of Crimial P.C. requires that such Magistrate, on receiving such report, may direct an investigation, or, if he thinks fit, at once proceed, or depute any Magistrate subordinate to him to proceed, to hold a preliminary inquiry into, or otherwise to dispose of, the case in the manner provided in this Code. Sec. 173 of Crimial P.C. requires that every investigation under this Chapter shall be completed without unnecessary delay and sub-section (2) thereof provides that as soon as it is completed, the officer in charge of the police station shall forward to a Magistrate empowered to take cognizance of the offence on a police report, a report in the form prescribed by the State Government. According to sub-section (8) of Sec. 173, the Magistrate can even direct further Investigation into the matter.