IMPORTANT POINT
The court reaffirmed that the transfer of investigation to the CBI should be exercised sparingly and only in exceptional circumstances, emphasizing the importance of confidence in local investigations.

JUDGMENT :

BIBEK CHAUDHURI, J.

1. The petitioner is the father of a minor child who got missing since 14th April, 2017. On that date, the younger son of the petitioner who was then a student of Class X under Bihar School Examination Board, left his house at about 06:15 A.M for attending private tuition in the coaching centre of one Ajay Kumar situated in the house of Panchanandji of Mohalla Ram Krishna Nagar. After the scheduled time, he did not return to his house. It was subsequently learnt that the said son of the petitioner also did not attend the coaching class. When the child was untraceable, the petitioner lodged a complaint at Ram Krishan Nagar Police Station, Patna on 15th of April, 2017, on the basis of which FIR, bearing Ram Krishna Nagar P.S. Case No. 92 of 2017, under Sections 363 and 370 of the IPC, was registered.

2. It is alleged by the petitioner that till date the Police Authority failed to find out his son. Therefore, the present application has been filed praying for issuance of writ in the nature of mandamus against the respondents, commanding and directing them to ensure safe recovery of the son of the petitioner in connection with Ram Krishan Nagar P.S. Case No. 92 of 2017.

3. This Court passed one after another orders directing the respondent authority to expand the course of investigation. The superior officers of the police force were directed to appear before the Court and personally explain about the steps taken by the respondent authorities to find out the minor child but at the end of the day the petitioner did not get his minor younger son back till date.

4. On 31st of July, 2017, the City Superintendent of Police, Respondent No. 5 herein filed an application, stating, inter alia, that counter affidavit had already been filed on behalf of the State-respondents wherein it is stated that the photograph of the victim boy was published in all important newspapers and telecast in Doordarshan. A team was constituted for recovery of the child under the order of Senior Superintendent of Police, Patna. The CCTV footage installed in the bus-stand, railway stations, highways, in and around the area was closely monitored but whereabout of the victim could not be ascertained. On 12th of September, 2023, the Inspector General of Police, CID submitted a progress report about the investigation of the case. Is found from the progress report that investigation of FIR, bearing Ram Krishan Nagar P.S. Case No. 92 of 2017, dated 15th of April, 2017 was closed and final report was submitted on 23rd of March, 2023, stating, inter alia, that the fact of the case is true but the Investigating Agency could get any clue as to how the victim boy was missing. Subsequent to the filing of the final report, Criminal Investigation Department (CID), Bihar submitted a prayer under Section 173 (8) of the Cr.P.C. before the Court of the learned Magistrate for permission to take up further investigation of the case. During further investigation also, the Investigating Agency failed to find out the victim.

5. On 11th March, 2024, another progress report was submitted. In the said report, the Inspector General of Police, CID, Bihar has sought for an order, directing Unique Identification Authority of India (UIDAI) Office, Patna to provide information as per the request made by the SIT/CID for the sake of proper direction of the case with regard to whereabouts of the victim by producing the details of the mobile number linked with the Aadhar No. 2354 1043 1615.

6. In the same report, it was stated by the Inspector General of Police, CID that the victim got missing about 6 years ago. Therefore, possibility cannot be ruled out that the facial appearance and other physical features of the victim might have changed over a period of time. So, the Director, National Forensic Science University, Gandhinagar, Gujrat has been requested to develop probable present description of the victim.

7. In short, it is contended on behalf of the respondents that th