The duty of the Investigating Officer to find the truth, the powers of the Magistrate to ensure proper investigation, and the importance of fair and just investigation under Article 21 of the Constitution of India.

JUDGMENT :

(1) Heard learned counsel for the petitioner/applicant and Sri Jayant Singh Tomar, learned A.G.A. for the State.

(2) The present petition has been filed for quashing of the impugned order dated 07.02.2020 passed by the learned 5th Civil Judge (J.D.)/Judicial Magistrate, Gonda on application under Section 156 (3) Cr.P.C. and the same has been treated as complaint case and also prayed to direct the opposite party no.3 to lodged the first information report and investigate the matter and recover the daughter of the petitioner, who is missing since 2.11.2019.

(3) This Court time to time passed the order for apprising the Court regarding investigation conducted by the police after lodging of the F.I.R. In compliance of the order passed, counter affidavit/supplementary counter affidavit, reply to the rejoinder affidavits have been filed in the present case bringing on record the investigation and the efforts made for searching the daughter of the petitioner which is not traceable yet.

(4) From perusal of the affidavit filed on behalf of the State, it has been found that an special team has been constituted for searching the daughter of the petitioner, CDR report were collected to the numbers which were provided by the petitioner/family members or other persons during investigation. For searching the daughter of the petitioner some pamphlets were pasted on Railway Station, Bus Stand in different districts and publication was made in Dainik Jagran News Paper as well.

(5) Learned counsel for the petitioner has submitted that daughter of the petitioner was kidnapped and sold by Salman, Sayra and Jaffar, they have not been taken into custody by the police, whereas in the affidavit filed on behalf of state, and stated that the said three persons were investigated and there statements were recorded and the same is on record.

(6) Learned A.G.A. has submitted that so far as Prayer No.2 is concerned, wherein firstly it has been prayed that the F.I.R. be lodged and the matter be investigated and the daughter of the petitioner be recovered, who is missing since 02.11.2019, for that investigation is going on and the police/Investigating Officer is duty bound to find out the truth as provided under Para 107 of U.P. Police Regulation. and whatever remedies are available for searching the daughter of the petitioner had been adopted and still the efforts are going on, the same has been placed on record by filing the counter affidavit, and if the applicant/petitioner is aggrieved by the investigation, the remedy under the provisions of Cr.P.C. i.e. Section 156(3) read with Section 156(1), Section 2(h), and Section 173(8) is available to approach the Magistrate for redressal of the grievance and the Magistrate is empowered for directing the Investigating Officer for further investigation.

(7) After hearing learned counsel for the parties and going through the record, it is found that Para 107 of U.P. Police Regulation provides that it is the duty of the Investigating Officer to find out truth and not merely to obtain convictions, he must not prematurely commit himself to any view of the facts for or against any person and though he nned not go out of his way to hunt a evidence for the defence in a case in which he has satisfactory grounds for believing that an accused person is guilt, Para 107 of the U.P. Police Regulation is quoted hereinbelow:

"107. An investigating officer is not to regard himself as a mere clerk for the recording of statements. It is his duty to observe and to infer. In every case he must use his own expert observations of the scene of the offence and of the general circumstances to check the evidence of witnesses, and in cases in which the culprits are unknown to determine the direction in which he shall look for them. He must study the methods of local offenders who are known to the police with a view to recognising their handiwork, and he must be on his guard against accepting the suspicions of witness and complainants when