The court has the power to direct the C.B.I. to investigate a missing person case even when the investigation is being carried out by the State police, and the consent of the State Government is not required for the C.B.I. to investigate a case under Section 5 of the Delhi Police Establishment Act, 1946, when the direction is given by the Court.

( 1 ) IN the instant writ petition, the petitioners prayed for an appropriate direction to be issued upon the C. B. I. authorities to investigate and find out their missing daughter Susmita Dhar who was a student of Ist year M. A. of Jadavpur University. It has been submitted that the said girl along with her classmates, tutors and two other persons who are stated to be uncle and aunt being respondent Nos. 11 and 12 left for Chandipore on 13th May, 1995.

( 2 ) THE case of the petitioners is that on 13th May, 1995 Shri Shyamal Dhar, petitioners No. 1 being the father of Susmita Dhar, took her to Howrah Station for the aforesaid journey to Chandipore. While other students who accompanied Susmita duly returned from Chandipore, the said Susmita did not return and actually she was missing from 16th May, 1995 from Santi Nivas Hotel at Chandipore. The other girls who accompanied Susmita lodged a complaint at Chandipore Police Station. A complaint was also lodged in Calcutta with the Special Superintendent, Missing Squad at Lord Sinha Road, Calcutta and subsequently on 29th May, 1995 two other complaints were lodged. On 26th June, 1995 another complaint was lodged with the appropriate authority of the State.

( 3 ) IT appears that the petitioners also moved a Habeas Corpus petition being Crl. Misc. No. 4916/95 before a Division Bench of this Court. The said Division Bench after hearing the petitioner, the State and other private respondents recorded how the girl was missing and it was also noted that the petitioner lodged a missing information not only with the Director General of Police, West Bengal but also made a formal complaint on 29th May, 1995 before the Criminal Investigation Department, West Bengal. The Division Bench however passed an order inter alia as follows :-"we direct the Criminal Investigation Department to carry out further investigation in the matter conjointly with Chandipore Police Station so as to find out the missing girl. As the matter stands now, no further direction is necessary. In case the petitioner is interested to pursue further with any special criminal case, he is at liberty to do so. We do not find any prima facie case of illegal detention being made out by respondent Nos. 6 and 7 on the basis of the evidence collected at the present stage. There is no justification what soever in continuing with the present application for Habeas unless it is found out prima facie that the respondent Nos. 6 and 7 or any other persons complained against, is really guilty of detaining the missing girl unlawfully. The Criminal Investigation, however, would take its own course and as we have indicated earlier, the petitioner is at liberty to proceed in the appropriate forum with any complaint case, if he is so advised. The present proceedings be taken as disposed of. "mr. P. R. Mondal, learned Advocate for the State has submitted that since the girl was missing from Chandipore in the State of Orisssa , this Court should not pass any order in the writ petition. It however appears that Mondal appeared before the Division Bench in the Habeas Corpus petition being Crl. Misc. Case No. 4916/95 wherein the Division Bench directed the Criminal Investigation Department of the State of West Bengal to carry out the necessary investigations in the matter conjointly with the Chandipore Police Station so as to find out the missing girl. It also appears from the records of the Division Bench proceeding that no objection was raised to the jurisdiction by the State Government with regard to any direction that may be passed by this Court on the alleged ground that scrutiny was made from Chandipore.

( 4 ) ON the last occasion when the matter was taken up for the hearing on 15th January, 1998, I directed the D. I. G. , C. I. D. , West Bengal by passing the following order :-"d. I. G. , C. I. D. , West Bengal is directed to be present in Court at 2. 00 p. m. on 19-1-1998 and produce the Case Diary of the case. D. I. G. will