The duty of police officials to promptly register complaints and the need for training in dealing with such complaints.

Sanjay Karol, J.

On the basis of a Letter Petition dated 30.10.2017, so addressed by Krishni Devi, resident of village Uvah, P.O. Sianji, Tehsil Sundernagar, District Mandi, Himachal Pradesh, this Court, taking suo moto cognizance, issued notice.

2. Letter petitioner alleged that on 15.10.2017 at about 8.40 a.m., her son Gopal Sharma @ Vicky received a phone call and after informing that he would return in ten minutes, left on his motorcycle towards Mahadev (District Mandi). Since her son did not return and his whereabouts were not known, she went to Police Station, BSL Colony (Sundernagar) to lodge missing report. There, police advised her to wait for two days, suggesting that perhaps he would come back. On 20.10.2017, again she went to lodge the report, when again they asked her to wait and search for him. Again on 23.10.2017, when she went to the Police Station, she was informed that location of the person, on whose call her son had left, was traced to a place somewhere near Manali (District Kullu) and when an endeavour was made to search such person, the mobile phone was found to be switched off. On 26.10.2017, she arranged money and went towards Manali to trace her son. After seeing the footage of the video recorded at various points, she learnt that her son had been to Manali. Lateron, police officials informed that a dead body, which was found near Beas Kund at Rohtang, was cremated on 21.10.2017. Through photographs the body was identified to be that of her son.

3. Significantly, only after much delay, FIR was registered at the concerned Police Station. What is crucial is that allegedly police officials at Police Stations, Sundernagar and Manali refused to register the FIR, purely on the basis of jurisdictional issue.

4. The Superintendent of Police, District Kullu, Himachal Pradesh, filed his affidavit dated 20.11.2017, stating that on 17.10.2017, Police Post Marhi, under Police Station Manali, received an information about an unidentified dead body. Immediately, inquest report was prepared and necessary action taken, after completion of formalities, including conduct of postmortem of the dead body and keeping the same in the mortuary at the Hospital at Manali, information was sent to all concerned. The dead body was handed over to Municipal Council, Manali for cremation, which was, pursuant to orders passed by the Sub Divisional Magistrate, Manali. This was on 21.10.2017.

5. Further, on 26.10.2017, relatives of the deceased reached Police Station, Manali and identified the person, whose dead body was found, to be Gopal Sharma alias Vickky son of Kamlesh Sharma, resident of Vilalge Uvah, P.O. Sianji, Tehsil Sundernagar, District Mandi, Himachal Pradesh.

6. Also, on 27.10.2017, Smt. Krishni Devi, mother of the deceased, got recorded her statement that her son stood kidnapped by Pankaj Sharma alias Panku and Vineet Kumar alias Vikky. Resultantly, FIR No. 130/17, dated 27.10.2017, stood registered against such persons at Police Station, Sundernagar. Arrests were made and action taken, in accordance with law.

7. On 20.11.2017, the Superintendent of Police, Mandi, District Mandi, Himachal Pradesh has filed his affidavit, informing the Court that investigation revealed complicity of another person, namely Jeewan Kumar, who was also arrested.

8. On 1.1.2018, the Deputy Inspector General of Police, Southern Range, Shimla, filed his affidavit, highlighting the steps taken by the Police officials in effectively and efficiently carrying out the investigation. We may observe that prior thereto, on 18.12.2017, this Court had passed the following interim order:

“Having heard learned Counsel for the parties, at this stage, we are of the considered view that interest of justice would be met if some senior level Officers other than Districts Mandi and Kullu were to examine the matter. Learned Amicus states that if at this stage Court is not inclined to have the matter investigated through Central Bureau of Investigation, at least, th