203 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-28762-2016 (O&M) Date of Decision:- 24.02.2025 Kanta Devi ...Petitioner Versus State of Haryana & others ...Respondents CORAM:- HON’BLE MRS. JUSTICE AMARJOT BHATTI Present:- Mr. Vivek Salathia, Advocate for the petitioner.

Ms. Ambika Sood, Addl. A.G. Haryana.

Mr. Keshav Partap Singh, Advocate for respondent No. 5.

Mr. J.S. Dahiya, Advocate with Mr. Phool Kumar, Advocate for respondent No. 6.

Mr. Ravi Kamal Gupta, Advocate for CBI-respondent No. 7.

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AMARJOT BHATTI, J.

1. Petitioner Kanta Devi filed Criminal Miscellaneous Petition under Section 482 of Code of Criminal Procedure (Cr.P.C.) for issuance of directions to respondents No. 2 and 3 to trace the whereabouts of missing daughter of petitioner, who has been missing since 08.08.2016, as her life is in eminent danger at the hands of private respondents No. 5 and 6, who have not been associated into investigation by respondent No. 3, despite the fact his daughter was last seen in the company of said private respondents, with further prayer to issue directions to respondent No. 2 to ensure fair and impartial investigation in FIR No. 876 dated 09.08.2016 under Section 365 of IPC registered at Police Station Chandani Bagh, Panipat (Annexure P-2) and to protect life and liberty of petitioner and her family members, since after the disappearance of her daughter, they are receiving threats for dire consequences.

2. As per the facts of case, petitioner Kanta Devi filed application to Incharge, Police Post Sector 29, Panipat dated 08.08.2016 (Annexure P- 1) giving information that her daughter namely Anu Kumari left the house i.e. NFL House No. A-359 allotted in the name of her husband who is working in CISF, West Bengal, for going to the shop of Vishal for collecting stitched clothes and she did not return home till date. She inquired from the friends and relatives to trace the whereabouts of her daughter but failed. She gave description of her daughter Anu Kumari age 20 years, wearing Orange colour Kurta, Blue colour lower and Blue colour Chappal, having fair complexion, height 5’6” and also disclosed her mobile phone No. 9050377881. On the basis of this application, subsequently FIR No. 0876 dated 09.08.2016 was registered under Section 365 of IPC at Police Station Chandnibagh, District Panipat (Annexure P-2).

3. Learned counsel for petitioner argued that daughter of petitioner namely Anu Kumari was student of B.Com 3rd year, studying in I.B. College, Panipat. On 08.08.2016, she left the house at about 03:00 PM along with her brother Shubham for going to a cloth shop at Panipat. He dropped his sister and left for tuition. Petitioner was under the impression that Anu will return home after collecting clothes, however, she did not return home. She made inquiry from the shopkeeper, who disclosed that Anu did not come to the shop. Even her phone was unreachable. Thereafter, she gave representation in the office of respondent No. 4 (Annexure P-1). Petitioner was given assurance that her daughter will return home. She shared photograph and number of her daughter with police. On the next day, FIR No. 876 dated 09.08.2016 (Annexure P-2) (supra) was registered. Police authorities did not investigate the case in a proper manner and they kept on telling that it was a case of runaway marriage and soon her daughter would inform her or would come to the police along with some order passed by competent Court. Petitioner was sure in her mind that her daughter was kidnapped by some persons and she suspected foul play. Police authorities refused to probe the matter. Thereafter, petitioner along with her husband and other family members started making inquiry about the whereabouts of her daughter from friends of her daughter and they came to know that her daughter was last seen in the company of respondent No. 5 who is a married man having two children and respondent No. 6 whose details were provided by friends of her daughter. Petitioner i