Hon'ble Bala Krishna Narayana,J.
This petition has come today before this Court after nomination of Senior Judge dated 17.06.2010 in supplementary cause list and taken for hearing. The petition has been filed by an Advocate of this Court with the prayer that a writ, order or direction in the nature of mandamus commanding the respondents to bring the notice of the Court about the action taken by them in respect of search of his missing boy namely Raksham who is son of the petitioner and trace him.
The writ petition has been filed with the allegation that Master Raksham son of the petitioner aged about 16 years went out of the home with a motorcycle on 6.4.2010 at about 9.00 P.M. after attending the weekly Pooja of Hanumanji held on every Tuesday. The date of that Tuesday was 6th of April, 2010. The said son of the petitioner did not turn up till late at night, the petitioner gave written information to the police station Colonelganj, Allahabad. On 7th April, 2010 the regular F.I.R. about missing of Raksham was registered. The dress and features alongwith a photo was also given. The number of vehicle its make was noted.
It is stated that the petitioner, his other sons, their friends and relations were searching him and inquiring from the known friends of his as to whether they have any clue about him. The petitioner met some of the Hon'ble Judges political leaders and Sri Vijay Bahadur Singh the M.P., who all intimated the police officers, to make efforts to find out the boy, but except the false promises nothing, was done.
It is stated that the other sons and their friends of the petitioner were in search of any clue went on 16.4.2010 to the new Jamuna Bridge, which is notorious for suicide of the young boy and girls, they crossed the bridge and went to the police station Nani, where they recognized the motorcycle with which Raksham had gone. The petitioner's friends asked the Incharge of the P. S. Naini as to where this vehicle has been found it was told that they found it unclaimed near Laprosy Hospital on the 7th of April, 2010. The information of recovery of the vehicle was given to the police at Colonelganj. Total inaction of the police is apparent that it could not trace the vehicle when it was in one of their neighboring police station for 9 days. It is further stated that apprehending suicide case the petitioner with his friends and also with the Colonelganj police made search at the Jamuna Water, enquired the Mallah whether they could recall any case of drowning on the night of 6th April, they ware told as no suicide case was in their memory. Thus during 17.4.2010 the petitioner and his son, friend alongwith police personnel were extensively making all efforts in new Jamuna bridge with help of motor boat, boatman (Mallah) for getting any clue of drowning of missing of any boy and ultimately when those who were in search reached to the conclusion that there was no trace of any boy drowned during night 6/7 th April, 2010 or thereafter on 10 th April, 2010.
It is further stated that when the petitioner and his two sons came back to their home they were told that Raksham had very intimate relation with one boy named Shaurya S/o Sri Arun Sharma, one of the sons named Happy had gone to the house of Sri Sharma and had asked to see Shaurya, but was told that Shaurya was not at home. It may be mentioned here that during investigation police had asked the names of friends and close acquaintances of Raksham so that they may interrogate them in that enquiry the name of Shaurya was also given as he was quite closed to missing boy Raksham. At about 9 pm at that very day i.e. 17th of April, 2010 when the petitioner was telling to friends and acquaintances who had come to know as to what has been the result of the search in Jamuna river, they were about 10 to 12 persons as from 6 th April, onwards, the friends and acquaintances of the petitioner used to come daily showing their sympathy and asking about clue of missing body, Mr. Arun Sharm the father of the aforesaid boy Shaurya came with some persons on Motor Bikes and started giving filthy abuses to the petitioner and was shouting as how he dared giving name of his son as being connected with missing of his son. The petitioner told him that the name was given only to find out some information but why he is shouting, but ignoring the request he cough hold of the caller of Happy and gave him two slaps saying that how he could go to his residence, when the petitioner intervened he slapped the petitioner also, at that those who were standing including some young boys and friends of my son started struggling with Mr. Sharma whose friends also indulged in Marpeet, in this some of the boys hurled a brick at Mr. Sharma which fell on his head giving an injury at which all those who came with him ran away having a bike at the door of the petitioner. The petitioner apprehending some greater attack on the petitioner's house gave information to the police who sent some constables to protect the house of the petitioner. The petitioner at once wrote down an application to be given to the Police Station Colonelganj, Allahabad. A true copy of the application is being filed as Annexure-1 to this writ petition. The next day on 18th April, 2010 when petitioner was going to police station in order to lodge the F.I.R. about the happening of the last night Mr. Sharma whose house falls in between the house of petitioner and police station slapped him and started hurling abuses and attacked him, snatching the key of the car of the petitioner, the petitioner came to the P.S. on foot. When the petitioner was sitting at the police station there, Mr. Sharma alongwith about 12 advocates of District Court came and surrounded police station and almost compelled Incharge Police Station to register some criminal case against the petitioner and his son. In this malady the application of the petitioner remained there on the table of the Incharge Police Station and it appeared to the petitioner that if he does not leave premises of Police Station he may be either injured bodily or may be held up in Lock up, he come back to his home and started enquiring about his missing son from Naini Police Station. Thus since 6th April, 2010 to 20th April, 2010, 12 day have passed but police has done nothing regarding the search of the missing boy and when petitioner and his friends and sons have made some progress they are trying to involve him in some other cases. The petitioner is running from pillar to post searching his missing boy. It is stated that since the police are totally silent about main F.I.R. of the petitioner which was lodged on 7 th April, 2010 about missing boy, therefore, the petitioner has no option but to file above noted writ petition.
On 4.05.2010 this Court has directed the A.G.A. to file affidavit of Investigation Officer mentioning the details of place from where the motorcycle of missing boy Raksham was recovered and details of further steps taken for tracing out the missing boy including by radio broadcasts and contacting the persons with whom the missing boy may have been in touch on his mobile phone etc. and the case was directed to be listed on 12.05.2010.
On 20.5.2010 the order sheet of the case indicates that a detail counter affidavit was filed by the Investigating Officer on that day by appearing in the Court but the said counter affidavit is not available in the file of the case. On that day this Court has directed the case to be listed on 12th July, 2010 but it appears that on urgency application moved by the petitioner the hearing of the case was preponed by this Court on 17th June, 2010 and directed to be taken up on 18th June, 2010. Accordingly, the case has been taken by us, on being nominated by Senior Vacation Judge on 17.6.2010.
We have heard Sri Chandra Sheel Dwivedi Advocate of this Court in person and Sri N.C. Rajwansi, learned Senior Counsel and President of High Court Bar Association on behalf of the petitioner and learned A.G.A. on behalf of State respondents.
During the course of hearing Sri N.C. Rajwansi, learned Senior Advocate has submitted that since the local police is not responding in the matter properly in tracing out the missing boy of the Advocate of this Court and a period of more than two months have passed from the date of missing and the majority of the Advocates of this Court are agitating on inaction of Police force in respect of issue involved, therefore, this Court should direct the senior police officers to take special indulgence in the matter to investigate the crime and recover the missing son of Advocate of this Court. He submitted that in order to carry out the aforesaid task it is necessary and desirable that Director General of Police, Uttar Pradesh should constitute Special Task Force to search and recover the missing son of the petitioner as early as possible. The submission of learned Senior Advocate Sri N.C. Rajwansi who is also President of the Bar appears to have some substance, and deserves to be accepted.
In this view of the matter the Director General of Police, Uttar Pradesh is directed to constitute Special Task Force to carry out search and recovery, of the missing son of the petitioner referred herein before within three days from today. The Special Task Force shall forthwith investigate the matter within a further period of two weeks and submit its report before this Court by the next date of listing.
List on 12th July, 2010 as part heard before us.
The Director General of Police, Uttar Pradesh and Additional Director General of Police, Law and Order, shall also appear in person before the Court on the date fixed and submit progress report of investigation of Special Task Force constituted by them in the matter.
The Registrar General, High Court is directed to communicate this order to the Director General of Police through fax forthwith and a copy of this order shall also be supplied to the learned AGA for necessary action and compliance.
Order Date :- 18.6.2010 LJ/-