Ramsiya Kushwah vs The State Of M.P.
2021 Latest Caselaw 579 MP

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           The High Court Of Madhya Pradesh
                     WP-19688-2020
             (RAMSIYA KUSHWAH Vs THE STATE OF M.P. AND OTHERS)




Gwalior, Dated : 09.03.2021

      Shri H.K. Shukla, learned counsel for the petitioner.

      Shri Sanjay Kumar Sharma, learned Govt. Advocate,for the

respondents/State.

This Court vide order dated 22.02.2021 has directed as under:-

"After registration of missing report of minor niece of petitioner, it is informed vide letter dated 18.11.2020 served on S.P. Bhind vide P/2 on 18.11.2020 that cognizable offence of kidnapping has been committed by private respondents herein (Lokendra, Lovekush, Bramchari and Rashmi Kushwah W/o Late Shri Ramlakhan Kushwah).

Learned counsel for the State is directed to seek instructions as to whether the said complaint has led to registration of offence against main accused or not and if not then why?

Let affidavit of S.P. Bhind to whom the complaint is addressed be filed List in the next week".

In pursuance to the direction given by this Court an affidavit of

Superintendent of Police, District Bhind has been filed in the matter on

01.03.2021 wherein it is pointed out in paragraph 4 that the persons

according to the report, Lokendra Lavkush, Brahmchari and Rashmi

Kushwaha concerned were questions from time to time and no such

information was obtained in connection to which the arrest of the

aforesaid persons can be made. A copy of the report of 27.2.2021 is

produced along with the affidavit.

From the perusal of the report, it is seen that Lokendra Lavkush

The High Court Of Madhya Pradesh WP-19688-2020 (RAMSIYA KUSHWAH Vs THE STATE OF M.P. AND OTHERS)

on 04.12.2020 and 16.01.2021 S/o Devendra Gurjar had a conversation

on mobile No.9315934739 with Pooja Kushwah on her mobile

No.8959113560 and it is further pointed out that Pooja Kushwah has

informed him regarding the problem being created by the family

members but thereafter no further investigation has been reflected in

the enquiry report. It is further pointed out that call details by CDR

was obtained but no location could have been traced out for the corpus.

Along with the report and affidavit, no CDR details have been

furnished. Neither the statements which have been recorded by the

Police authorities in pursuance to the investigation report dated

27.02.2021 has been filed along with the affidavit. There are another

status report has been filed on 08.03.2021 which again reflects to point

out the steps being taking by the Police authorities to search the

corpus. It is argued that the investigation is still in progress and best

possible efforts are being made by the Police authorities to search the

corpus.

When the complaint made by the petitioner for missing of his

daughter he has specifically given the names of three persons Lokendra

Lavkush, Brahmchari and Rashmi Kushwaha which reflected from

Annexure P/2. He has relied upon a judgment passed by the Supreme

Court in the case of Lalita Kumari Vs. Government of U.P. & Ors.

reported in (2014) 2 SCC 1 and has argued that the authorities are

The High Court Of Madhya Pradesh WP-19688-2020 (RAMSIYA KUSHWAH Vs THE STATE OF M.P. AND OTHERS)

bound to register the F.I.R. in case of cognizable offence reported by

the authorities. In the present case, vide Annexure P/2 is also discloses

the name of persons namely Lokendra Lavkush, Brahmchari and

Rashmi Kushwaha against whom the complaint was made regarding

kidnapping of his daughter. Despite of the same, no F.I.R. has been

registered against the persons and the investigation is pending till date.

This Court is not satisfied with the explanation submitted by the

Superintendent of Police, District Bhind with respect to the efforts

being made to search the corpus. Affidavit appears to be an incomplete

affidavit as the same is not supported by the material on the basis of

which the same has been filed.

The case in hand is with respect of missing of a minor. In such

circumstances, this Court is left with no option except to direct the

presence of the Superintendent of Police, Bhind, on the next date of

hearing.

List the matter on 18th March, 2021.

State authorities are directed either may produce the corpus

before this Court by the next date of hearing failing which the

Superintendent of Police, District Bhind shall mark his presence.

                                                      (Vishal Mishra)
mani                                                      Judge


   SUBASRI MANI
   2021.03.09
   17:49:06
   -08'00'