Mansur Alam vs State of Bihar - 2023 Supreme(Pat) 966

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 966

IN THE HIGH COURT OF JUDICATURE AT PATNA
ANIL KUMAR SINHA, J.
Cr. WJC No.468 of 2021
(30.8.2023)
Mansur Alam ... Petitioner
vs.
State of Bihar & Ors. ... Respondents

Advocates Appeared:
For the Petitioner: Mr. Ajeet Singh.
For the State : Mr. Md. Nadim Seraj, GP 5.
For the E.O.U. : Mr. V. N. P. Sinha, Sr. Adv., Soni Shrivastava.
For the Vigilance : M/s Anil Singh, Arvind Kumar.

Headnote:
Indian Penal Code, 1860 – Sections 363/365 – Criminal Procedure Code, 1973 – Section 173 – Constitution of India – Articles 226 and 227 – Kidnapping of minor boy – Grievance of petitioner is that Police has not taken appropriate action towards recovery of kidnapped minor boy – Local police has not investigated the case with desired sensitivity and scientifically due to which petitioner moved this Court – Investigating Officers of case and supervising authorities have not made sincere efforts to find out kidnapped boy or accused persons – No serious effort on part of Superintendent of Police and other higher police officers of police department appears to have been made by forming special team for nabbing culprit(s) for recovery of kidnapped minor child – It is necessary to maintain credibility and inspire confidence in investigation and where such an order is required for complete justice, Constitutional Courts can direct for re-investigation of case – Five-year old child of informant-petitioner has been kidnapped from his house – Case has to be re-investigated by Crime Investigation Department – Crime Investigation Department expected to re-investigate case expeditiously considering seriousness of case. (Paras 23, 24, 29, 31, 32, 33 and 34)

Anil Kumar Sinha, J. – This writ application has been filed for a direction to the respondents to complete the investigation of Basantpur Police Station Case No. 194 of 2012, dated 03.08.2012, registered for the offences punishable under Sections 363/365 of the Indian Penal Code, lodged by the petitioner, who is father of the kidnapped minor boy (aged about 5 years) and further direction to the investigating agency to locate his son and file report before the competent court.

2. The prosecution case, as per the First Information Report, is that on 02.08.2012, at about 10 AM, the victim boy, namely, Riyaz Alam, son of the petitioner, aged about 5 years, wheatish complexion, height 2.5 feet, wearing red-coloured half pant and red and blue-coloured half T-shirt), went missing from his own house. The petitioner, along with his relatives and friends, started searching for the boy and in the process of search, it came to their knowledge from the villagers of the Khajuhari village, which is at a distance of about 7 KM from the house of the petitioner that at about 04:30 PM, two persons, on a red-coloured Passion Pro motorcycle, were seen taking a child forcefully by shutting his mouth, who was crying to return back to his mother and when the villagers raised hulla, the motorcyclists moved towards the east direction and took the way of Meera Tola Bazaar Road, which is next to Singhasani Mandir, and fled away.

3. The grievance of the petitioner is that the Police has not taken appropriate action towards recovery of the kidnapped minor boy. He has expressed his agony saying that he has been running from pillar to post for recovery of his minor son, but nobody is taking care of his request. In this connection, he has submitted a representation to the District Magistrate, Siwan, on 22.08.2012, and also to the Deputy Chief Minister, Bihar on 23.08.2012 (Annexure ‘2’ series to the writ application) and further to the Superintendent of Police, Siwan, on 20.02.2020, the Director General of Police, Bihar, on 06.03.2020 and also to the Chief Minister, Bihar, on 17.02.2020 (Annexure ‘5’ series to the writ application).

4. Learned Counsel for the petitioner argued that the petitioner’s brother, Khursid Alam, informed the police, on 03.08.2012, that on 02.08.2012, at night hours, a phone call made from Mobile Phone No. 9955473345, which was received on the home mobile Phone No. 9955757272 of the informantpetitioner, saying that the child was with him and the caller directed to come to Singhasini fair (Mela) and when the relatives of the informant reached at Singhasini fair (Mela), they made a phone call on the same mobile phone, wherein it was told that he was at Vakhri Mela (fair). Thereafter the relatives of the minor boy tried to contact that person, but the attempts of the relatives went in vain. It is further submitted that the police arrested the owner of the Mobile Phone No. 9955473345, namely, Sanjay Yadav who was later on released upon interrogation.

5. The petitioner has lodged two First Information Reports; one is Basantpur Police Station Case No. 194 of 2012, dated 03.08.2012, with regard to kidnapping of the son of the petitioner, who is still traceless, and second, on 13.02.2020, bearing Basantpur Police Station Case No. 61 of 2020, registered for the offences punishable under Sections 447/384/307/504/506/120(B)/ 34 of the Indian Penal Code and Section 27 of the Arms Act against accused persons, namely Ajeet Kr Singh @ Pappu Singh, Ashok Kumar Singh, and two other persons. In the said First Information Report, it is alleged that two persons came on motorcycle at the house of the petitioner/informant and shot at him with the intention to kill him at the instance of accused persons, namely, Ajeet Kr Singh @ Pappu Singh and Ashok Kumar Singh. It has further been alleged that the said two named accused persons are also accused in Basantpur Police Station Case No. 102 of 2008, registered for the offences punishable under Sections 302/ 201/120