I’m facing a lot of Injustice, the
one next to another. I have
presented them in this petition.
And there’s been a lot of delay in
the Investigation of the case. In
these Circumstances, I, with a
prayer request you to kindly
order a CBI investigation to my
Son, Sandesh’s case.
I am Sushil Mandal, residing here
in Hosur, Krishnagiri Dist., TN
from past 17 years. I am the
Petitioner herein and the
petitioner in the HCP 1908 of
2011 in Madras High Court.
On October 15 of 2011, my elder
son SANDESH, aged 17, student
+1 at Maharishi Vidya Mandir,
Hosur, went to a nearby store
but he didn’t return back. We
looked for him all night but could
not find him. I went to the Sipcot
Police Station the next day, but
my FIR was lodged only two days
later. My FIR 368/2011 is dated
18-10-2011.
DELAY IN INVESTIGATIONS BY
THE POLICE:
Even after the FIR was lodged,
the police didn’t take any sort of
action to trace my son. When I
insisted, the talaash format of the
Complaint and the Call reports of
my son’s mobile were reported
only after a month later. I always
suspected Raj Kumar I.R (A
central excise Inspector as on
date) and his wife Hemalatha (a
govt. school teacher) as their
daughter Monisha had a love
affair with my son. And my Son
used to attend tuitions held by
Monisha’s Mother for past 3
years. Later, I came to know that
they are the only one who has
the illegal custody of my son,
Sandesh. Although I Tried, My
complaint against the above said
was never lodged by the Sipcot
Police Station and Instead I was
threatened by an officer who
said not to go against them.
When I did I lost my job as Raj
Kumar I.R informed my company
management not to let me allow
my Job. I was a Employee at
Aankit Granites Ltd.,And was
Production Incharge with a
monthly salary of Rs.20,000/-
And due to Raj Kumar I.R I lost
my job, as I took steps against
him.
As the Police did not take any
sort of steps to trace my son, I,
with a prayer many authorities
as follows:
Ø The Sub collector, Hosur
Ø The District Collector,
Krishnagiri Dist
Ø The Assistant Superintendent
of Police, Hosur
Ø The Superintendent of police,
Krishnagiri
Ø DIG, Salem
Ø IG, Coimbatore
Ø DGP, Chennai
Ø CM- CELL, Tamil Nadu
But there was no response of
any kind from them. And my FIR
against Raj Kumar I.R and
Hemalatha wasn’t lodged and no
action was taken.
When I met the DIG, Salem, he in
front of me ordered the
Superintendent Of Police,
Krishnagiri through phone and
signed in the petition of mine
stating ‘ to alter the case to a
kidnapping case and to arrest
the accused’, but for some
reasons, SP, krishnagiri didn’t do
as directed.
Prayer to the MADRAS HIGH
COURT to produce my son:
In the Month of December of
2011, I had to file a Habeas
Corpus Petition (1908/2011) at
the madras High court, as I had
no alternate way. I shed all my
hopes at the High Court. In the
Earlier Prosecutions, first the case
was directed to the JSP of Hosur,
R.V Ramyabharathi, who stated
in her status reports that she is
looking for my son and also
having a close watch at the
Under Suspects. Then, the case
was directed to the
Superintendent of Police,
Krishnagiri, Abhishek Dixit, who
tried to close the case with an
ulterior motive to save Raj Kumar
I.R and Hemalatha.
WRONG JUDGEMENT, DENIED
JUSTICE:
When the Matter came up for
hearing on 25 June 2012,
Additional Public Prosecutor,
Govindarajan informed the
Division bench comprising
Justices KN Basha and P
Devadass, that a skull had been
recovered and that it would be
sent to the Forensic department
for Analysis and Scientific
Investigation. And the Bench
declared my son dead and
altered the case to Section 174 of
CrPc, without knowing the truth
and without any kind of approval
from my side. The next hearing
was posted to July 9 2012 for the
final report of police. The DNA
tests were conducted only on 29
June 2012. I always co-operated
with the police and give my
blood samples knowing the truth
that the skull recovered was not
that of my son’s but the police
never had a co-operation with
us.
FALSE CLAIMS BY THE POLICE:
The Claim made by the police is
entirely false. The Skull, which
was recovered belongs to a 40
year old whose body was found
on 24 October 2011 in a lake at
Hosur and a Case was Registered
at the Sipcot Police Station (FIR:
374/2011) as a un- identified
body. The case was registered at
the same Police station where my
case is lodged. The skull
recovered by the police is not my
son’s at all. And also, The SP,
Abhishek Dixit always harassed
me and my family stating that my
son is dead, which is entirely
false. And earlier, when the case
was directed to the SP, the ID
marks of my son were very often
replaced with the false ones at
the TN police website, without
my knowledge.
The DIG Salem, Superintendent of
Police, Krishnagiri and the
Inspector, Sipcot Police Station
submitted false reports in the
High Court, They Claimed that the
Clothes of the UID Body were
matching where as I and my
family never said so. They (the
police) are not even aware of the
details given in the F.I.R.
All this incidents prove a sign of
danger to my son.
A RAY OF HOPE:
On 11 July 2012, the Division
bench comprising Justices KN
Basha and P Devadass ordered
the transfer of the Investigation
to CB-CID.The bench issued the
following order as in the Order
copy.
(1) The Additional Director
General of Police, CBCID, Chennai
is hereby directed to nominate a
competent officer not below the
rank of Deputy Superintendent of
Police to take up the further
investigation in this case within a
period of ten days from the date
of receipt of a copy of this order
and also intimate the first
respondent about the
nomination of the said officer.
(2) The First Respondent, in turn,
on receipt of the intimation from
the Additional Director General of
Police, CBCID, Chennai, shall hand
over the entire records relating
to the Crime Nos.368/2011 and
374/2011 to the said nominated
officer within a period of seven
[7] days from the date of receipt
of the said intimation.
(3) The Said Nominated officer
shall take all efforts to expedite
the investigation and complete
the same as expeditiously as
possible and shall file a final
report, more particularly, within a
period of three months from the
date of receipt of the records
from the first respondent.
(4) Post the matter after three
months.
This order was issued on
11-07-2012 for the HCP
1908/2011.
FADING HOPES AND LOSING
FAITH, DELAY IN STARTING THE
INVESTIGATION BY THE CB- CID:
I received my copy of the order.
Although the Copy of the order
was made ready and sent it to
Additional Director General Of
police, CB-CID but there was no
response. When I enquired
through phone and went
personally at the Office They said
that they haven’t received the
Copy of the Order and were
Helpless until they had the Order
copy. I also sent a copy of the
order to the ADGP, CBCID Chennai
by mail but they said that would
accept the one which is only
from the Court. And there was no
response from two [2] Months.
The Investigation of the case
came to stand still.
As there was responsible from
CB- CID, I filed a petition again in
the Madras High court C on
September 3. The petition SR no:
36968 with serial 11 and the
proceeding are awaited. On
September 5, an Officer from CB
CID called me to inform that he
was the nominated officer. When
asked, he said he was the
nominated only on September 4.
When I questioned the reason
for delay, the reply that it could
be due to ‘Administrative’
reasons. The officer appointed
was Rajan, DSP, Salem, CB –CID
unit. In this case, Each and every
moment is precious and one’s
life at risk, but the CB- CID started
their investigation after two [2]
months from the date of order
passed. By facing all these
problems, I have no more belief
in State Police and the CB CID of
the state.
I stay here in hosur with my wife
and two children. Both of my
sons study at Maharishi Vidya
Mandir, Sipcot, Hosur, Elder son
Sandesh in +1 and the younger
Sandeep in 9th Standard. We all
were leading a decent happy life
but now, we are just helpless.
There’s no trace of my son yet.
I hereby end this hopefully
written Petition, believing that a
CBI Investigation is ordered to
my Son’s Case, to trace my son
Sandesh Immediate. And Take
Necessary Actions against the
people for their wrong doings.
[SUSHIL MANDAL]