RATHINDRA NATH BHATTACHARYA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner alleged that his son Ranjan Bhattacharya is missing from 25.1.2010. He went to the Birsa Nagar Police Station for lodging a report of missing of his son but the officer-in-charge of the concerned police station advised him to come after two days. The petitioner thought that after two days he may get some knowledge about his son. The petitioner in his petition stated that in course of search, he got Information that his son, while going to his office on 25.1.2010 at about 10.30, was picked up by some unknown persons who came with Sumo Car, may be police personnel in civil dress. This information was given to the petitioner by local residents. Then, it has been stated that on 26.1.2010 at about 4.00 p.m., some police personnel came and searched the entire house of the petitioner without producing any search warrant. The petitioner then submitted that he again went to the Birsa Nagar Police Station on 26.1.2010 and informed the entire episode but the police personnel did not take any report nor they could tell him about the whereabouts of his son. The petitioner then submitted a written report before the Chief Judicial Magistrate, Jamshedpur categorically stating therein the entire facts with a prayer to call for a report from the Superintendent of Police as well as Birsa Nagar Police regarding illegal detention of his son. The Court below called for a report from the said police station. However, his son could not be found out. Then the petitioner stated that the petitioner came to know from the newspaper report that on 31.1.2010, his son has been made accused in the case of murder of Dr. Prabhat and the petitioner was told by the people of his Mohalla that on 25.1.2010, his son was taken by the police while he was going to his office. On 29.1.2010, the petitioner submitted an application giving full details In the Court of Chief Judicial Magistrate, Jamshedpur wherein his petition was registered as Misc. Case No. 11 of 2010. On 9.2.2010, he gave application to Superintendent of Police, East Singhbhum at Jamshedpur giving detailed facts with a prayer to look into the matter and to trace out his son. That application of the petitioner was forwarded to TELCO (Birsa Nagar) Police Station for registering a case under Section 365/34, Indian Penal Code and thereafter a case No. 77 of 2010, dated 22.3.2010 under Section 365/34, Indian Penal Code was registered.

(2.) In the background of these facts and other facts, the petitioner approached this Court by filing the instant writ petition on 23.6.2010. On 16.9.2011, this Court passed the order giving opportunity to the Director General of Police, Jharkhand, Ranchi to look into the matter and trace out the petitioner's son and make it clear that if he is involved in any criminal case, even then it is the duty of the State to trace out not only all the citizens but also the accused persons and directed to produce the son of the petitioner before this Court on 18th October, 2011. Then, on 21.10.2011, this Court has shown its concern with the safety of the petitioner's son and directed the Superintendent of Police of the concerned area to remain present in Court in case the son of the petitioner is not traced out.

(3.) Today, in compliance of the said order, the Superintendent of Police, Jamshedpur is present in Court along with his counsel.