Man missing for last two years: Court directs SHO to register FIR

08/08/2020

JAMMU, AUGUST 7: In the application filed by father that his son namely Ashok Singh was working at Baradari (name of place) in Reasi dealing with loading of sand, bajri and stones in vehicle from River Chenab; that on 12.06.2018, while his son had gone for work aforementioned to River Chenab, he was abducted by non-applicants from Zero Morh Talwara.
Chief Judicial Magistrate Reasi Amarjeet Singh Langeh directed SHO, Police Station Reasi to register first information report in the matter under relevant sections of penal code and start investigation forthwith. CJM Reasi further said that not only this, SSP Reasi shall ensure that first information report in the matter is caused to be registered and compliance report be submitted by or before next date of hearing.
It is worthwhile to mention here that earlier Court directed SSP to file status report.
Today when the matter was listed, the status report submitted by SSP Reasi, on 14.06.2018, applicant herein produced an application in Urdu before Incharge, Police Post Talwara to the effect that on 12.06.2018 at about 1300 hours, his son namely Ashok Singh aged 25 years went for labour work at Zero Morh but did not return back to home by the evening; that missing report was lodged with police post Talwara vide DDR No. 12 dated 14.06.2018. Further, as per status report, not only some persons were called by Incharge, Police Post Talwara but he also collected some mobile no's from them which are five in number and sent the same to DPO, Reasi for providing their SDR/CDR reports. Thereafter, applicant produced the application before SHO, Reasi who called some suspects and inquired from them in police station. Missing person was allegedly searched but could not be traced from places like Udhampur, Ramnagar and other surrounding areas. Status report further reflects that Incharge, Police Post Talwara also inquired from applicant as to who told him that non-applicants/ accused abducted his son, applicant -according to status report could not disclose the source and that non-applicants/ accused herein have gone out of territorial limits of U. T. Of J&K for the last one year. Status report gets closed with the remark that applicant is only making allegations and not disclosing the name of source and also could not produce material witnesses in support of his allegations. It is also admitted in the status report that because of Covid-19 pandemic, investigation from outside the district could not be carried out and it is stated that efforts are going on to investigate the matter as per mandate of law to trace out the missing person.
CJM Reasi after going through the status report observed that at least three aspects emerge from the status report. Firstly, no first information report has been registered in the matter despite applicant clearly alleging that his son has been abducted by non-applicant herein. Secondly, non-applicants/ accused herein could not be contacted leave alone associated with verification of the allegations of applicant. And thirdly, status report reflects focus of investigating agency on the assumption that it is applicant who has to furnish complete evidence about the abduction of his son in the manner alleged in the application and not to act on lead that he has provided till date and a more damning indictment could not be handed down by applicant with regard to circumstances resulting in missing/ abduction of his son as is narrated in the application. Ironically, police have not deemed it proper even to register a first information report in the matter, a sine-qua-non prerequisite for triggering a lawful investigation. Present is not a case related to forgery of documents or like offences that the investigating agency can stay - off its needs on the premise that applicant failed to furnish evidence that he possessed.
Here is a case where an old man has run from pillar to post (as aforesaid) beseeching for investigation in the circumstances that led to abduction of his son by registering a case under sections 364, 365 & 368 of RPC. In this end, he mentions the names of culprits in the application very clearly. Instead of registering first information report, relevant statutory authority in police is basking on the circumstance that applicant is not furnishing evidence and that they cannot go beyond territorial limits of district Reasi because of Covid-19 pandemic whereas matter pertains to year 2018.
All that status report indicates is that the police is either reluctant to register the first information report or is clueless as to what is to be done in the matter and on account of this in-decision of police concerned, it is the process of justice which is being obfuscated. After all, investigation is the first step in administration of criminal justice. JNF

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