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2010 Supreme(SC) 717

MUKUNDAKAM SHARMA, ALTAMAS KABIR
Vikas Chaudhary – Appellant
Versus
State of NCT of Delhi – Respondent


Advocates Appeared:
For the Appearing Parties:Mohan Jain, ASG, K.B. Sinha, Sushil Kumar, Senior Advocates, Anil Karnwal, Anil Sharma, Suresh Sharma, Aftab Ali Khan, Aditya Kumar, Rakesh Malhotra, Dr. Kailash Chand, P.K. Dey, D.K. Thakur, Mrs. Anil Katiyar, Advocates.

Judgment

Altamas Kabir, J.

Certain issues of legal importance, which call for examination, have surfaced in this otherwise sordid tale.

2. On 18th January, 2003, one Shri Vimal Chadha, resident of C-2/46, Ashok vihar, Phase II, Delhi, filed a Missing Persons Report with the Ashok Vihar Police Station, Delhi, stating that his son, Parakh Chadha, had left home and had not returned. The next day he lodged F.I.R. No.34/03 at the Ashok Vihar Police Station which was initially registered under Section 364A of the Indian Penal Code on the allegation that a call had been received from an unknown caller demanding Rs.35 lakhs as ransom for the release of his son. The body of Parakh Chadha, who was between the age of 17 and 20 years, was recovered on the same day. Accordingly, on 4th May, 2003 Sections 302/201/120-B, read with Section 34 I.P.C., were added in the First Information Report.

3. It may, however, be noted that, although, the body of the victim was recovered on 19th January, 2003, the fact that the body was that of the victim Parakh Chadha was not known to the complainant or his father. The complainant and his father continued to receive ransom calls for the release of his son even























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