IN THE HIGH COURT OF PUNJAB AND HARYANA AT
Criminal Misc. No. M-37554-2015
Date of Decision: May 08, 2018.
MOHAN LAL …… PETITIONER
STATE OF PUNJAB AND ORS …… RESPONDENTS
CORAM:- HON’BLE MRS.JUSTICE LISA GILL
Present: Mr. Vikram Jeet Singh, Advocate,
for the petitioner.
Mr. D.S. Sukarchakia, DAG, Punjab.
LISA GILL, J.
Prayer in this petition is for directing the respondents to search/trace
out the minor grandson (son of the petitioner’s daughter) who is missing since
It is submitted that the petitioner’s daughter was married with one
Madan Lal. Allegations of ill-treatment and harassment at the hands of his son-in-
law were raised. FIR No. 112 dated 11.07.2013, was initially registered under
Section 306 IPC, against the petitioner’s son-in-law and others at Police Station
Chamkaur Sahib, District Rupnagar. Thereafter, Section 498A, 304B of IPC were
added. Dead body of the petitioner’s daughter was recovered from the Sirhind
Canal. Cause of death was found to be poisoning. The petitioner’s son-in-law and
his father were convicted by the learned Additional Sessions Judge, Rupanagar,
vide judgment dated 30.10.2017.
It is contended that the petitioner’s grandson had also gone missing
with the petitioner’s daughter. His daughter’s body was found in the Sirhind Canal
but the minor grandson was never traced out. It is further contended that the child
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is still alive. Reference is made to an affidavit dated 25.01.2017 executed by one
Suresh Chander and Gopal Lal. Learned counsel submits that it is highly
improbable that the petitioner’s daughter would have taken minor child alongwith
her after consuming poison and jumped into Sirhind Canal with the child. It is
thus, prayed that this petition be allowed.
Learned counsel for the State, submits that the petitioner earlier filed
CRWP No. 1022 of 2014 seeking a writ of Habeas Corpus for production of his
grandson. Reply on behalf of the State was duly filed in the said case. It was
specifically mentioned therein that even as per the statement of the petitioner in
the proceedings under Section 174 Cr. P.C. recorded after the death of his
daughter, he had stated that his daughter was ill-treated by his son-in-law and she
committed suicide by plunging into the canal alongwith her minor child. Dead
body of his daughter was traced out from the canal but the child could not be
traced out. It was opined by the divers that since the canal is katcha and child
being an infant might even have been devoured by the water animals. The said
CRWP No. 1022 of 2014 was dismissed as withdrawn with liberty to the
petitioner to avail alternative remedy as available to him, in accordance with law.
It is thus contended that the present petition under Section 482 Cr. P.C. seeking
similar relief, though couched in different words is not maintainable.
In the reply filed in the present petition by way of affidavit dated
10.02.2016 of Smt. Kanwardeep Kaur, IPS, Assistant Superintendent of Police,
Sri Chamkaur Sahib, District Roopnagar, it is specifically mentioned that in case
the petitioner is able to furnish any kind of information regarding the minor child
still being alive, all kind of assistance shall be rendered to him for tracing out the
minor child. As per another affidavit dated 23.05.2016, filed by Kanwardeep
Kaur, IPS, Assistant Superintendent of Police, Sri Chamkaur Sahib, District
Rupanagar, in this case, it is mentioned that call detail records of certain mobiles
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numbers of persons suspected to be having the custody of the minor child given
by the petitioner were thoroughly examined and verified but no clue of the minor
child being in custody of any other person or being alive was found.
Learned counsel for the State reiterates that in case the petitioner is
still able to furnish any kind of evidence/proof regarding the minor child being
alive, necessary action shall immediately be taken thereon.
Keeping in view the above facts, no further orders are called for in
Petition is disposed of.
May 08, 2018 JUDGE
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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