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news details
Girl missing since two years
HC refers investigation to Crime Branch
5/1/2019 10:57:54 PM
Early Times Report
Jammu, May 1: In a case of missing of girl for the last two years, Justice Dhiraj Singh Thakur of J&K High Court after hearing Adv Vivek Sharma observed that the police agencies from the Police Station, Sunderbani have not acted in a professional manner and have not applied themselves properly to trace the petitioners' daughter for the last approximately two years, transferred the case to Crime Branch.
Justice Dhiraj Singh Thakur further directed IG Crime Branch to constitute a Special Investigation Team which shall go into the issue and apply itself in a professional manner to investigate the case registered under FIR No. 89/2017.
This significant order has been passed in a petition filed by mother of the mother of the missing girl for for constitution of a Special investigation Team to investigate the matter and to search and recover the petitioners' daughter. In the alternative, it is also prayed that the case be handed over for investigation to CBI or Crime Branch.
During the course of hearing Adv Vivek Sharma submitted that the petitioners' daughter was married to one Ashok Kumar S/o Sh. Krishan Kumar R/o Village Nallah, Tehsil Sunderbani District Rajouri about 15 years ago in accordance with Hindu rites and customs and three children were born out of this wedlock. Disputes and differences are stated to have arisen in the matrimonial home and it is alleged that the petitioner's daughter was harassed on one pretext or the other including dowry. It is further alleged in the petition that the petitioners' daughter was also subjected to mental cruelty and physical abuse. A petition under Section 488 CrPC for maintenance was also filed. It is alleged that on 15.7.2017, the accused persons, i.e., private respondent No. 4 along with others forcibly took the petitioners' daughter-Asha Devi from her home i.e., village Nallah to Bambla and from there her whereabouts are not known till date. It is further alleged that the petitioners' daughter might have been murdered as she has not been heard of since July, 2017.
Justice Dhiraj Singh Thakur after hearing Adv Vivek Sharma in length observed that When the petition was taken up by this court on 28.11.2017, this court directed the respondents' No. 2 and 3 to furnish a status report qua investigation in FIR No. 89/2017 registered with Police Station, Sunderbani. Various directions thereafter came to be passed. It has been recorded by this court that the steps taken for tracing the petitioners' daughter were not satisfactory. On many occasions, personal appearance of the SHO, Police Station, Sunderbani was also ordered.
High Court further observed that on a consideration of the entire matter, it can clearly be seen that the police agencies from the Police Station, Sunderbani have not acted in a professional manner and have not applied themselves properly to trace the petitioners' daughter for the last approximately two years. The apprehension, thus, expressed by the petitioners, considering the history of physical abuse and mental cruelty, might have led to physical harm or humiliation of the petitioners' daughter, cannot be said to be without any basis. The matter cannot be permitted to be continued for perpetuity when the police agencies appear to have not shown any professional expertise or interest in locating the petitioners' daughter.
Justice Dhiraj Singh Thakur further observed that this court is left with no choice but to refer the investigation of the case registered under FIR No. 89/2017 to the Crime Branch. Court further directed Inspector General of Police, Crimes, J&K, Jammu shall ensure that a proper Special Investigation Team (SIT) is constituted, which shall go into the issue and apply itself in a professional manner to investigate the case registered under FIR No. 89/2017.
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