KAILASH CHANDRA Vs. STATE OF RAJ

JUDGEMENT

(1.) THIS habeas corpus petition has been filed by the petitioner who is a Jawan in the Border Security Force and presently posted in Jammu & Kashmir as per averment made in the petition. The petitioner is a resident of district Alwar and while he was away, his two daughters namely, Sonia aged 15 yeas and Nisha aged 13 years were kidnapped and as such he made a report to the P.S. Tapukada in District Alwar (Rajasthan) and registered as Missing Person Report No.4/2011. The aforesaid report was lodged on 9.6.2011. The two children had gone missing on or about 7.6.2011. Both the daughters were with their maternal grand father (Nana) at village Kharakada within the jurisdiction of police station Dharuheda, District Rewadi, Haryana. After the report was lodged, investigation was carried out by the local police even at village Kharkada but they could not get any success. Thereafter, this habeas corpus petition was filed before this court on 26.3.2012.

(2.) NOTICES were issued to the respondents for recovering the girls and produce them before this court as both of them are minor. Yesterday, when the matter was listed before the court, the IO was present and submitted that despite all the efforts to trace the detenus, the two minor daughters of the petitioner have not been recovered so far. Efforts were also made to recover the girls from UP namely District Kannauj and Farrukhabad for which information had been received about the likelihood of their being there but despite team having been sent in UP, the same got no success. These teams had been sent to UP on the basis of certain telephone calls which were received. Investigation was carried out and as per progress report submitted before us, it has been revealed that the said mobile/telephone had been obtained on the basis of false identity.

(3.) WE would therefore direct that the Home Secretary, State of Rajasthan issue necessary notifications for transferring this case to the CBI at the earliest so that the minor daughters of the petitioner could be recovered and handed over to the petitioner and in case there is involvement of any other crime, the accused may be apprehended and the be brought to trial.