IMPORTANT POINT
The court's decision was based on the adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.

JUDGMENT (Oral)

Crl.M.A. 30987/2023 (exemption)

1. Allowed, subject to all just exceptions.

2. Application stands disposed of.

W.P.(Crl) 3337/2023

3. The petitioner is aggrieved by the fact that on 10.05.2023 at about 10 pm, when petitioner came back home, she was not be able to find her minor daughter, aged 17 years. Upon inquiring, she was informed by her neighbours that they had not seen her since morning. Consequent to this, FIR No.709/2023 under Section 363 IPC at Police Station Paschim Vihar was registered on 13.05.2023, i.e. three days after the incident. Petitioner states that she visited the police station but received no satisfactory response and the police have not made any efforts to find out the whereabouts of the minor daughter of the petitioner till date.

4. Present petition has been filed as Habeas Corpus under Articles 226 & 227 of the Constitution of India seeking directions to the respondents to produce missing minor daughter of the petitioner.

5. Notice issued.

6. Mr.Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State/respondents and has produced status report dated 09.11.2023 whereby it is stated that the girl was searched by police officials in nearby public places including hospitals, gurudwaras and railway stations but her whereabouts remained unknown. Upon receiving information from the petitioner, SI Sukhbir along with police staff and petitioner on 13.06.2023 visited Martinganj and the nearby areas for the search of the missing minor girl.

7. Furthermore, on apprehension of the petitioner that her missing minor girl was kidnapped by one Ankush, therefore, on 23.07.2023, SI Paramjeet along with staff and petitioner visited Village Surhan where the house of Ankush was searched. Abhimanyu, who is father of Ankush, was found at the residence and his statement was recorded. Abhimanyu also presented a document to show that Ankush was married to one Tuba and was granted interim protection before Allahabad High Court and the said document was seized through a seizure memo.

8. Mr.Sanjay Lao further submits that in October, 2023, a team personnel of PS Paschim Vihar West along with the petitioner visited a suspect in Ludhiana, Punjab location, however, despite all these efforts, no clue of the girl or Ankush could be found.

9. The status report dated 09.11.2023 is taken on record and we have perused the same.

10. In light of the aforesaid and since all possible efforts to trace the missing girl have been made and the FIR is pending investigation, we hereby dispose of the present writ petition while directing the concerned police officials to file a quarterly status report before the concerned Metropolitan Magistrate and, if any, clue is found about the minor girl, the same shall be transmitted to the petitioner.

11. In view of the above, the petition is disposed of.