High Court Raps Punjab Police For "Callous Approach" In Kidnapping Case, Says Accused Should Not Be Put To "Unwarranted Investigation"

The Punjab and Haryana High Court recently pulled up senior officials of Punjab Police for their "irresponsible and callous approach" in investigating a kidnapping case of a minor girl, stating that accused should not be put to unwarranted investigation, "if at all the complainant is playing smart".

In a regular bail plea, where a 20-year-old boy, who had been booked in 2022 and was in custody for over a year for allegedly kidnapping a 16-year-old girl, the Court noted the "casual manner of investigation conducted by the SIT." The petitioner, along with the CCTV footage, asserted that the girl who is allegedly missing is alive and living safely with her family.

Justice Sandeep Moudgil said, "this Court cannot shut its eyes and ignore the larger interest while exercising inherent powers vested under Section 482 Cr.P.C. that it is not merely a question of considering the regular bail of the petitioner, who is 20 years old young boy and on the other hand a minor girl, who is less than 16 years of age and it is a question before the investigating agency and law enforcing agency of the State, to exercise all kinds of care and caution for protecting the lives and liberty of two individuals ensuring that even the petitioner should not be put to unwarranted investigation, if at all the complainant is playing smart, as there is every likelihood of such a counter by parents of a minor girl, as is circumstances involved in the instant case."

An FIR was lodged in 2022 under Sections 363, 365 of IPC at Pathankot, Punjab  on the allegation that the daughter of the complainant, a minor has been allegedly kidnapped by the petitioner.

The petitioner submitted photographs of CCTV footage of nearby place to show that the alleged victim is alive and has been found wondering freely sitting as pillion rider on an Activa.

Considering "the casual manner of investigation" conducted by the SIT, and also the fact that the petitioner was behind the bars since 1 year and 2 months, in the previous hearing the Court granted regular bail to the petitioner and directed the Senior Superintendent of Police, Pathankot to explain the progress and the manner in which the investigation is being carried out.

On Thursday, the Court said that it failed to accept the explanation in Police affidavit that the DVR of CCTV has been sent to the FSL for further examination and statement of mother of the victim has been recorded after showing them the photographs attached with the present petition, "to which the mother of the (girl) has denied to recognize her."

It has directed the SSP to ensure that the FSL report is speeded up and day to day progress of the investigation be filed before the Court. Meanwhile, the SIT have undertaken to make all possible endeavors to trace out the girl after conducting investigation from all angles including that whether the complaint on the basis of which the present FIR has been instituted against the petitioner is "genuine or not." 

Case Title: Aman v. State of Punjab 

Jagjeet Singh, Advocate for the petitioner. Anmol Singh Sandhu, AAG Punjab

Abha Kashyap, Advocate for Arvind Kashyap, Advocate for respondent No.2

 Click here to read/download the order