1. 1. Instant Habeas Corpus petition has been filed, by the petitioner Prem Chand who is the father of abducted boy Chandra Bhan with the prayer that the direction be issued to the State of Rajasthan to produce Chandra Bhan and driver Bachhu Singh before this Court and their custody be restored to the petitioner.

2. The first information report was lodged by one Rajesh Kumar with the Police Station Kotwali Bharatpur on 15.6.2000 at 2.00 p.m. in regard to the abduction of Chandra Bhan and Bachhu Singh. The Police Station Kotwali, Bharatpur registered the case under Section 420 and 365 I.P.C. vide F.I.R.No. 249/2000 against the respondent's namely Arvind, Pappu @ Raj Kumar and Rajendra Singh.

3. It is averred in the petition that the police did not conduct the investigation in the manner required under the law and has so far not recovered either dead or alive, the abducted persons namely Chandra Bhan and Bachhu Singh. A representation was submitted on 18.6.2000, thereafter another representation on 26.6.2000 was made with the prayer that the investigation of the case be entrusted to some another police officer. On 30.6.2000, Home Minister, Government of Rajasthan, Jaipur was approached for taking suitable action in connection with the recovery of abducted persons and the jeep. Another representation on 1.7.2000 was made before the D.I.G., Bharatpur Range and on 2.7.2000, the Director General of Police, Rajasthan was approached. Therefore Chief Minister, Secretariat, Jaipur was approached from where necessary orders were issued. After being dissatisfied with the investigation of police authorities, the petitioner on 7.5.2001 has instituted the instant writ petition.

4. This Court vide order dated 8.5.2001, directed S.P., Bharatpur and the investigating officer Police Station Kotwali, Bharatpur to remain present before the court alongwith the reply and progress report of the investigation on the next date. On 22.5.2001, a detailed reply was filed by the respondents alongwith certain annexures. It was pleaded in the reply that the matter was being investigated by an officer to the rank of Add. Superintendent of Police and one Pappu @ Raj Kumar has already been arrested and sincere efforts are being made to arrest Arvind and Rajendra Singh. Thereafter, the matter was posted on 5.7.2001, 9.7.2001, 10.8.2001 and 14.8.2001, 16.8.2001 and 23.8.2001. On 23.8.2001, last opportunity was granted to the investigating officer to recover the detenues and the case was granted to the investigating.

5. Mr.R.K.Chauhan, Superintendent of Police, Bharatpur, Mr.Bhal Singh Chaudhary, Add. S.P., Bharatpur and Mr.Rajpul Singh, SHO Thana Kotwali, Bharatpur are present in person. Mr.Bhal Singh has filed a detailed affidavit stating therein that serious efforts were made by him and the investigating Officer to recover the abducted person.

6. It is evident that the F.I.R. came to be lodged on 15.6.2000 and after one year and. about three months, the abducted persons namely Chandra Bhan and Bachhu Singh have not been recovered so far. Even the accused Arvind and Rajendra Singh named in the F.I.R. have not been arrested. Mr. Suresh Sahni, learned counsel appearing for the petitioner canvassed that no further opportunity should be granted to the investigating agency in the matter and the case be transferred to the C.B.I.

7. Reliance has been placed in the case of State of Rajasthan and Others v. Phool Chand Garg and another reported in 1991 Crl.L.J. 125, Atibal Singh v. State of Raj. & Ors. reported in 1987 (II) RLR 611, State of West Bengal & Ors. v. Sampat Lal & Ors. reported in AIR 1985 SC 195, .

8. Per contra, Mr. Ajay Purohit, learned Public Prosecutor contended that fair investigation has been made in the matter and the police is making all efforts to recover the abducted persons, it is the petitioner who is not assisting the investigating agency, therefore, further opportunity may be granted to the investigating agency in the matter. Learned Public P