MANAWAR QURASI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE case of the petitioner is that one Tinku, son of the informant left home at 11 P.M. on 5.8.2006 by informing his father that he is going with Bhola who is waiting outside the house to take him on a Ambassador car, bearing no.BR -17 -060. When he did not return home for number of days, the informant (petitioner) suspected some foul play and, therefore, he with sense of fear of untoward happenings, approached to Dhansar Police Station and informed to the police about the occurrence with the hope that something would be done by the police in order to recover his son but it appears from the statement made in one of the petitions (Annexure 8) that Dhansar police took the matter so casually that it did not care even to lodge a Sanha. On getting such a cool response, the informant helplessly approached the DIG, Bokaro and only on his intervention, a Sanha, bearing no.443 of 2006 dated 17.8.2006 was lodged but in spite of that Dhansar police did not do anything. Finding no way out, the informant again met with DIG, presumably with a hope to come something good due to his intervention. Only then on getting instruction from him, Dhansar police called the informant to police station and took another application on 11.9.2006, upon which Dhanbad (Dhansar) police Station Case No.580 of 2006 was instituted under section 365 of the Indian Penal Code against the said Bhola. Thereupon as per the case of the informant, the Investigating Officer advised the informant to trace the car as well as the accused and then to inform him. Acting on such advice, the informant having located the car and the accused informed the police telephonically but the police failed to arrest the accused, though seized the car. Subsequently, when the informant came to know that the accused is at his home, he informed about it to Dhansar police at 6 P.M. on 25.9.2006 but to utter dismay to the informant, he was told by the Dhansar Police to inform all about it to Jharia Police Station. Upon it the informant desperately asked for telephone number of Jharia Police Station but that was not provided.

(2.) UNDER this situation, this writ application has been filed wherein prayer has been made to direct the respondents to recover the victim and to produce him in the court.

(3.) THIS action seems to have been taken only after filing of this application whereas earlier conduct of the Investigating Officer was as such that one can easily draw inference that he was quite indifferent towards the misery of the informant as the informant, on one hand, has been running from pillar to post and post to pillar in order to have some clue of his son but the Investigating Officer, on the other hand, was taking the matter so lightly as if nothing has happened inasmuch as the police even did not lodge the case promptly, rather only on the intervention of the Deputy Inspector General of Police/ Superintendent of Police, the case could be registered but even after institution, the Investigating Officer never appears to have investigated the case with all seriousness nor did act promptly to arrest the accused even on getting information about the presence of the accused in his house.