BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
N. ANAND VENKATESH, J.
K. SUKUMARI - Appellant
Vs.
SUPERINTENDENT OF POLICE - Respondent
Criminal Original Petition No. 19255 of 2016
Decided On : 18-09-2018
Criminal Procedure Code, 1973 - Section 173 - Man-Missing - This petition has been filed for reopening investigation in crime and transfer same to filed - Petitioners husband was a history sheeter and was involved in several offences - He went missing onwards and thereafter he was not traceable and therefore a complaint was registered in crime under man-missing case - Learned counsel for petitioner would submit that third respondent did not take steps to investigate case and a final report came to be filed before judicial magistrate on ground that case is closed as undetected - Learned counsel would submit that respondent police cannot deal with a man-missing case in such a manner - Therefore learned counsel would submit that closure report is non est in eye of law - matter has to be re-investigated - This court had an occasion to deal with a case where police closed man-missing case and filed a report as undetected - Taking note of this procedure this court by an order after considering matter in detail and after referring to relevant police standing orders gave certain directions and same is extracted here – Held, We have laboured to extract all extant rules and instructions on subject in order to facilitate legal community to properly guide kith and kin of missing persons when they approach them for help to sum up - Police shall immediately register an fir whenever a case of man missing is reported and follow circular issued by director general of police - This court took pains to give elaborate directions to police to follow procedure as stipulated in circular issued by director general of police - However police is completely unaware of this procedure and they continue to commit very same mistake in all man-missing cases - Learned counsel for petitioner also brought to notice of this court a full bench judgment of this court wherein this court was dealing with effect on closure report filed as undetected - Relevant portion of judgment is extracted hereunder - |Thirdly if investigating officer despite earnest efforts taken is unable to detect crime he will submit a report to magistrate stating that crime is undetectable - In such a case it cannot be construed that investigation has been completed - if once investigation is completed then only a report could be filed a report of this kind where police officer states that crime is undetectable does not terminate investigation and thus investigation is construed to be in progress - Petition is disposed of.
N. Anand Venkatesh, J.
This petition has been filed for reopening the investigation in Crime No. 61 of 2012 and transfer the same to the filed of the CBCID.
2. The petitioner's husband was a history sheeter and was involved in several offences. He went missing from 18.01.2012 onwards and thereafter he was not traceable and therefore, a complaint was registered in Crime No.61 of 2012 under “man-missing” case.
3. The learned Counsel for the petitioner would submit that the third respondent did not take steps to investigate the case and a final report came to be filed on 30.07.2014 before the Judicial Magistrate, Sivakasi on the ground that the case is closed as “undetected”. The learned Counsel would submit that the respondent Police cannot deal with a “man-missing” case in such a manner. Therefore, the learned Counsel would submit that the closure report is non est in the eye of law. The matter has to be re-investigated.
4. This Court had an occasion to deal with a case where the Police closed the man-missing case and filed a report as “undetected”. Taking note of this procedure, this Court by an order dated 12.09.2014 made in HCP No.1454 of 2014, after considering the matter in detail and after referring to the relevant Police Standing Orders gave certain directions and the same is extracted here under :
" 6. This issue had cropped up earlier also before this Court in HCP No.658/2003 and this Court had passed an order on 05.08.2003, directing the police to put in place a procedure for tracking down missing persons,, pursuant to which the Office of the Director General of Police, Tamil Nadu, issued the following Circular Memorandum :
"C.No.016781/Cr.3(1)2005 Office of the Director General of Police Tamil Nadu, Chennai - 600 004. Dated: 31.1.2005.
CIRCULAR MEMORANDUM
Sub: Missing Persons - Certain instructions - Issued
Ref: (1) Chief Office Memo in Rc.No.2110/128992/ Cr.II(I)/2003, Dt. 27.06.2003.
(2) Order of the High Court, Madras, HCP No.658 of 2003 Dt. 05.08.2003.
(3) Chief Office Memo in C.No.84/CIG/MOB/2003 Dated 13.08.2003.
(4) Chief Office Memo in R.C.No.84/MOB/SCRB/2003 dated 19.01.2005.
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In several cases, Hon'ble High Court of Madras has observed that the investigations relating to Missing Persons are perfunctory. It is therefore necessary to streamline the investigation relating to Missing Persons.
(2) It is seen that, during investigations, cases of missing persons, kidnapped, deserters, wanted criminals, escaped criminals, unidentified dead bodies etc., the computerised "Talash" software is not being availed of by the field officers. In order to streamline the process of monitoring and supervision, the following instructions are hereby issued :-
(i) Police Computer Wing (SCRB) will circulate the seven forms (i.e. for Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead body) to District Superintendents of Police and Commission of Police.
(ii) Sufficient forms will be supplied by COPs/SPs to PS.
(iii) Immediately after registering the case, (Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead Body), wireless messages should be sent to DSPs, Police Computer Wing, DCRBand Modus Operandi Bureau by the Investigating Officer.
(iv) The SHOs will prepare "Talash" Forms for all cases reported in 2005 and send them to DSPs, Police Computer Wing, DCRB and Modus Operandi Bureau, if not already sent
(v) The IOs will collect Photos of Missing/Unidentified Dead bodies and send it to DSPs Police Computer Wing, DCRB and Modus Operandi Bureau.
(vi) Police Computer Wing will develop a software to match all the seven categories on different parameters, Photographs should also be included. The Dy. Superintendent of Police, Police Computer Wing will submit a project report on this within two months.
(vii) Manual verification should be done in Police Computer Wing forming a Special Team consisting of one Inspector of Police and three Police Constables.
(viii) The circular vide refer
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