Rajasthan High Court: A Division Bench of Sandeep Mehta and Manoj Kumar, JJ., disposed of the petition, observing that the missing person Shri Prem Ratan expired, as a result of being hit by a locomotive on the railway tracks near Sadulpur/Rajgarh.
The petitioner Urmila Devi has approached this Court by way of this habeas corpus petition alleging inter alia that her husband Shri Prem Ratan aged about 72 years went missing on 04.09.2019 and since then, he has been untraceable. She has prayed for a direction to the respondent police authorities to trace out and produce the corpus in this Court.
Information was received that a dead body of an old man resembling Shri Prem Ratan had been found on the railway tracks by the officials of the GRP, Rajgarh/Sadulpur and an inquest report was registered in relation thereto.
Counsel for petitioner Mr Gyan Jyoti Gupta, learned submitted that by no stretch of imagination can it be accepted that the man who died by the railway locomotive accident would be the husband of the petitioner herein and thus, the habeas corpus petition is justified.
Counsel for the State Mr Farzand Ali, submitted that if a comparison of the photograph of Shri Prem Ratan, appended with the missing person report is made with the coloured photographs of the dead body taken by the GRP officials, it would become apparent that the man who was run over by the train was none other than Prem Ratan.
The Court observed that the deceased, whose photographs were taken by the officials of the GRP, Sadulpur was an old aged man with grey hair, a mustache and french beard. As per the photograph, Shri Prem Ratan was having grey hair, a mustache and french beard. The uncanny resemblance of features between the two sets of photographs, is too striking so as to be overlooked. The colour of mane and facial hair is grey both in the picture annexed with the Missing Person Report and the pictures of the dead body. The shape of mustache and beard is identical in both photographs. The fact that Shri Prem Ratan left his house on 04.09.2019 and that the dead body was recovered from a little distance away on the railway tracks on the very next morning also gives rise to an imminent possibility of the dead body being that of Shri Prem Ratan. Thus, we are duly satisfied that the dead body which was found near the railway tracks of Sadulpur was that of Shri Prem Ratan and none else.
The Court relied on Pensiliya v. Commissioner of Police, 2014 2 LW (Crl) 628 and observed that similar standard operations/procedure should be adopted in the State of Rajasthan as well with the modifications/amendments as may be required:-
“2) It is seen that, during investigations, cases of missing persons, kidnapped, deserters, wanted criminals, escaped criminals, unidentified dead bodies etc., the computerized “Talash” software is not being availed of by the field officers. In order to streamline the process of monitoring and supervision, the following instructions are hereby issued:-
(i) Police Computer Wing (SCRB) will circulate the seven forms (i.e. for Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead body) to District Superintendents of Police and Commission of Police.
(ii) Sufficient forms will be supplied by COPs/SPs to PS.
(iii) Immediately after registering the case, (Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead Body), wireless messages should be sent to DSPs, Police Computer Wing, DCRB and Modus Operandi Bureau by the Investigating Officer.
(iv) The SHOs will prepare “Talash” Forms for all cases reported in 2005 and send them to DSPs, Police Computer Wing, DCRB and Modus Operandi Bureau, if not already sent
(v) The IOs will collect Photos of Missing/Unidentified Dead bodies and send it to DSPs Police Computer Wing, DCRB and Modus Operandi Bureau.
(vi) Police Computer Wing will develop a software to match all the seven categories on different parameters, Photographs should also be included. The Dy. Superintendent of Police, Police Computer Wing will submit a project report on this within two months.
(vii) Manual verification should be done in Police Computer Wing forming a Special Team consisting of one Inspector of Police and three Police Constables.
(viii) The circular vide reference third cited is being sent again to all District Superintendents of Police and Commissioners of Police to reiterate the procedure that should be followed strictly.
(ix) Investigating Officer should be Inspector of Police.
(x) Instructions given in the reference third cited above should be followed strictly for reviewing the progress of the cases.
(xi) Special Cell consisting of one SI, two HCs and two PCs should be formed in the Districts to collect relevant details in all the seven categories.
(xii) Monthly meeting by SP should be conducted with IOs and DSPs to monitor the progress of the case.
(xiii) In all the cases of Missing, Kidnapped, Deserter, Wanted, Escaped, Unidentified Person, Unidentified Dead body and, when traced, message should be flashed to DSPs, Police Computer Wing, DCRB and Modus Operandi Bureau.
- Hence all the DSsRP are instructed that, personally monitor each cases, while registered u/s 174 Cr.P.C the following procedures should be followed:
- The Photograph of the scene along with the deceased was taken with date.
- Seizure of any travel tickets in the body of the deceased with details.
- List out the list of articles like purse, suicide note, photograph/I.D card and name and address available in the body of the deceased.
- The details of wearing apparels seized with brief descriptions viz., tailor mark dhobi mark etc for easy identification of kith and kin of the deceased.
- Whether the Finger print of the deceased taken with date and by whom and the date in this sent to FPB for verification.
- Brief description of the dead body such as height, complexion, built, identification marks, any physical deformity etc.
- List out the lookout message sent to all the districts DCRBs surrounding Local Police stations and to all the Railway Police Stations with date and acknowledged Police Personnel Name and No.
- Mention the circulated of hand bills/posters along with photograph of the deceased has been made and the places circulated.
- List out the arrangements made for the publication in the local and major dailies with date along with the date of publication in each daily. The paper cutting should be available in the CD file.
- Mention whether arrangements made for broadcasting through the T.V. circuits installed in the railway stations of this State.
- Mention whether the broad casting through Local Media and the popular channels made with date and the name of the channel.
- Mention any other efforts taken for giving wide publicity.
- Whether viscera/femur bone preserved.
- Date of receipt of Postmortem certificate along with opinion.
- Date of dispatch of Talash form with photograph, FIR and P.M. Certificate to RCRB and SCRB directly for publication in the CIG.
- Whether the image of deceased loaded in Tamilnadu Police website with details.”
The Court directed “The Director-General of Police shall as far as possible, try to incorporate these principles in the police manual.”
The Court further directed “in all cases of recovery of unidentified dead bodies, the police officials concerned, be it the local police or the railway police officials, immediate efforts shall be made to contact the nearest Medical College/CMHO/ Medical Jurist for the purpose of collecting viscera samples from such bodies so that, the same can be preserved for DNA comparison/analysis as and when required.”[Urmila Devi v. State of Rajasthan, 2021 SCC OnLine Raj 692, decided on 30-07-2021]
Arunima Bose, Editorial Assistant has reported this brief.
