JUDGMENT 1. 1. This Habeas Corpus Petition has been filed by the petitioner who is the father of the detenu Data Ram, with the request that directions be issued to the respondents to produce the detenu. Further it has been prayed that the investigation in the matter be expedited and son of the petitioner be recovered. 2. In this case, the detenu Data Ram was found missing since 13.9.2009 while he was returning to his village from Bikaner. It is averred by the petitioner that his son Data Ram had gone to Bikaner on 9.9.2009 for admission in Bharat Polytechnic College. But later on, he did not return home. It is also said that in a Criminal Case No. 104/2009, the trial was pending for the offences, inter alia, under Section 302 I.P.C., and the detenu Data Ram was a material witness, as being the eye witness of the case. Further it is averred that respondent No. 6 being the main accused in the said criminal case was biased with Data Ram and had him kidnapped with the object that he would get benefit in the aforesaid criminal case. 3. When Data Ram did not return home, the petitioner lodged a Missing Person Report (10/2009) at Police Station Malakheda which later came to be rejected as F.I.R. No. 425/2009 for the offence under Section 365, I.P.C. On conclusion of the investigation, the police submitted a final report dated 14.12.2009 on the ground of "Adam Vaku and llaka Gair". In other words, while holding the view that the incident did not take place within the jurisdiction of Police Station Malakheda, the Investigating Officer also held that no incident had ever taken place. Subsequently, the said final report was accepted by the Magistrate concern on 14.12.2009 with a direction to the S.H.O. to send the entire record to Police Station having jurisdiction, for investigation. 4. The matter was then forwarded to Police Station Sindhi Camp, Jaipur. On receipt of the record, an F.I.R. (12/2010) was got registered at Police Station Sindhi Camp, Jaipur on 29.1.2010 and the investigation commenced. After investigation, the Investigating Officer of Police Station Sindhi Camp, Jaipur also submitted a final report in the matter on the ground that it has no jurisdiction and no incident has taken place i.e. "Adam Vaku and Gair llaka".
After investigation, the Investigating Officer of Police Station Sindhi Camp, Jaipur also submitted a final report in the matter on the ground that it has no jurisdiction and no incident has taken place i.e. "Adam Vaku and Gair llaka". It is informed that after the said conclusion having been drawn by the police at Sindhi Camp, Jaipur, the record was returned to Police Station Malakheda. So far as presentation of the said F.R. before the concerning Magistrate at Jaipur, and any order having been passed on the same, it is revealed from the facts and circumstances and as per the information of the prosecution, nothing had been done in this respect. 5. After considering the matter at length with the assistance of the Senior Officers in respect of the present case, we are of the considered opinion that neither the case has been properly investigated nor it has been proceeded with in a proper manner and in accordance to law. As far as the incident is concerned, the Investigating Officer, in F.I.R. No. 425/2009 lodged at Police Station Malakheda had submitted a final report on the ground of absence of incident and lack of jurisdiction, simultaneously. However, subsequently the Magistrate concern had issued direction to forward the matter to the Police Station having jurisdiction, that is Sindhi Camp, Jaipur. The conclusion, as given by the police at Police Station Malakheda, appears to have been adopted as it is by the Investigating Officer of Police Station Sindhi Camp, Jaipur also. But he had returned the record to Police Station Malakheda. In other words, the Investigating Officer of Police Station Sindhi Camp, Jaipur having come to the conclusion that the incident did not take place within his jurisdiction but appears to be of the view that the same had taken place within the jurisdiction of Police Station Malakheda. 6.
But he had returned the record to Police Station Malakheda. In other words, the Investigating Officer of Police Station Sindhi Camp, Jaipur having come to the conclusion that the incident did not take place within his jurisdiction but appears to be of the view that the same had taken place within the jurisdiction of Police Station Malakheda. 6. Be that as it may, after considering the over all facts and circumstances of the case as well as the peculiar manner in which the Investigating Officers of Police Station Malakheda as well as Sindhi Camp, Jaipur had proceeded in it, we deem it proper and in fitness of the things to exercise the inherent powers of this Court to prevent the abuse of the process and to secure the ends of justice, quash the order passed by the learned Judicial Magistrate No. 3, Alwar on 14.12.2009 and issue following directions to the respondents:- (i) That F.I.R. No. 425/2009 registered at Police Station Malakheda, Alwar shall be investigated afresh and be concluded expeditiously, but not beyond a period of two months from receipt of the copy of this (ii) The Superintendent of Police, Alwar, present in Court, is directed to appoint an Investigating Officer in the case, not below the rank of Additional Superintendent of Police and should himself supervise the investigation. (iii) The Investigating Officer now appointed shall take appropriate steps and immediate action for recovery of the detenu so that his safety is not put at peril by any person, including the accused party in Criminal Case No. 104/2009 pending trial before the Court of Sessions. (iv) The Investigating Officer shall immediately proceed to arrest the culprits forthwith and submit the conclusion of the investigation before the concerning Magistrate, within aforesaid time schedule. Accordingly, the Habeas Corpus Petition stands disposed of.A copy of this order be sent to the Superintendent of Police, Alwar through fax, forthwith.Petition disposed of. *******