IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPEALLATE SIDE

CRIMINAL WRIT PETITION NO. 372 OF 2014

ESTER CASE ANALYSIS

ABHA SINGH ----------------------------------------------( PETITIONER)

V

STATE OF MAHARASHTRA AND ORS------------ ( RESPONDENT)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FACTS

·      Ms. Ester was a young girl of 23 years of age who was working in Mumbai as an employee in TCS and went to Macchilipatanam for Christmas vacation with her parents.

·      On 4th January the deceased Ms. Ester boarded the Vishakapatnam LTT express from Vijaywada for joining back her duties at TCS Mumbai.

·      The train arrived at Mumbai at about 5 am. The deceased girl took an auto from Kurla terminus to her YWCA Hostel, Andheri. However, the girl was abducted from there by an unknown criminal and was wrongfully confined at someplace in and around Bhandup.

·      When the deceased, Ester, did not report her safe arrival to Mumbai, her father got worried and when the mobile phone went unanswered, he asked his brother to find out the facts. When it became know that the girl had gone missing, the brother of the father Shri Arun Kumar lodged a police complaint with the MIDC Police Station, Andheri, who did not register the complaint and told them to go to Kurla Railway Police station . However when the Matter was reported to Kurla Railway Police they also did not register the complaint, and told that the matter be reported in Vijaywada Police station, even though under the rules the police had no option but to register the complaint.

·      Since the police did not register the complaint finally the father of the girl filed the complaint in the Vijaywada Police Station.

·      The police did not register any complaint. It was during the intervening period when the Vijaywada police ascertained the fact from the mobile phone location that the deceased had indeed reached Kurla, the Police Station finally registered a missing person complaint.

·      On 16th January 2014 the dead body of Ester was found in the bushes of Bhandup whereupon the matter was reported to the local Kanjur Marg, Police Station.

·      Kanjur Marg Police Station registered the offence of murder by filing a First Information Report. In this report certain incorrect facts were placed, so that the dereliction of duties by the police could be suppressed.

·      For the reason of almost 11 days in registering the first information report since the abduction took place valuable clues and evidence was lost.

 

ISSUE

1.      Provisions of the Bombay police manual have been violated.

2.      The non-registration of information was fatal to the deceased girl as the requisite investigation got delayed by several days whereas it had to be started at once.

3.       First Information report was not registered

4.      The police did not abide by the general duty as per provided under the provision of section 149 of Criminal procedure code 1973

5.      There was incorrect information given by Kanjur Marg Police Station with reference to earlier non-registration in the First Information Report filed by them.

6.      Violation of the Maharashtra Civil Services Rules 1979

7.      Criminal negligence by the railways in not keeping the CCTV in order.

ORDER

The court directed that there should be proper coordination between the local police and where complaint are filed and the bureau, which actually does the work of tracing these children.

The court also directed the state government to file compilation of circulars issued by them from time to time and to file a separate compilation of various orders passed by this court in number of PILs which have been entertained by this court in respect of missing children. It also directed that the state should file an additional affidavit pointing out the state of affairs in respect of these 2 department of the police.

Note

This case is still continuing in the Ho’ble High Court of Bombay. Please do not refer the statements mentioned above as the final judgment of the c

Abha Singh, 4/27/2020 12:00:00 AM


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