IMPORTANT POINT
The main legal point established in the judgment is the need for comprehensive guidelines and directions to address the challenges faced by investigating agencies and parents in cases of missing children, emphasizing the importance of multilingual SOPs, training, periodic review, and technological advancements.

JUDGMENT

INDEX TO THE JUDGMENT

FACTUAL BACKGROUND

GRIEVANCE OF THE MINOR'S FATHER

ANALYSIS AND FINDINGS

DIRECTIONS AND GUIDELINES

A. Multi-Lingual Standard Operating Procedure

B. Training Modules

C. Periodic Review: SOP-A Living Document

D. Ready-To-Use Hand-Book

E. Comprehensive Check-List

F. Complainants To Inform The Investigating Agency, If Missing Child Is Found

G. Changes With The Technological Advancements

H. Ensuring Access To Current Court Rulings And Administrative Procedures For Law Enforcement

CONCLUDING REMARKS

Swarana Kanta Sharma, J. - The instant writ petition under Article 226 of the Constitution of India has been filed on behalf of the petitioner for issuance of writ in the nature of Mandamus or any other writ, order or direction directing the respondents herein to adhere to the Standard Operating Procedure dated 23.11.2016 issued by Ministry of Women and Child Development and to locate the whereabouts of the missing minor daughter of the petitioner.

FACTUAL BACKGROUND

2. To encapsulate briefly, facts of the present case are that petitioner is father of minor `X', who is about 16 years of age, who had gone missing on 10.07.2023. She had left her house at about 9:30 AM to visit her Aunt who resides near their home. However, since she did not return home and considerable time had passed, the petitioner father had gone to inquire about her and was informed that minor `X. had never reached her aunt's house. They had tried to find her in the neighbourhood, however, she could not be found. On 11.07.2023, petitioner had lodged a complaint at Police Station Kalindi Kunj and FIR No. 336/2023 came to be registered under Section 363 of IPC.

3. The petitioner states that despite number of visits to the police station between 12.07.2023 to 16.07.2023, he could find no information about his daughter. Thereafter, he had made representation to the Deputy Commissioner of Police, South-East District, and to SHO, Police Station Kalindi Kunj on 16.07.2023. The petitioner's grievance is that the police had not taken steps in accordance with Standard Operating Procedure for cases of missing children issued on 23.11.2016 by the Ministry of Women and Child Development. The present writ petition was therefore filed to point out the lapses in the procedure adopted by the police officials in case of finding the missing child.

4. However, when the matter was taken up for hearing on 28.07.2023, the State and the investigating officer had produced the missing daughter of the petitioner before the Court. The relevant portion of order dated 28.07.2023 is extracted hereunder:

"...6. When the case came up for hearing, the State and the investigating officer appeared on advance notice and produced the missing minor child "X" before the Court. Her statement had been recorded under Section 164 CrPC wherein she had levelled no allegations against any person and has stated that she had left her home out of her own free will due to some misunderstanding between her and her parents.

7. This Court has interacted with the minor victim who has expressed her apprehension in accompanying her father. She has stated that she wants to continue her studies and is keen on attending her school regularly. She has expressed apprehension that due to her leaving home, her parents will discontinue her studies and may treat her badly. Father of the minor child who is present and the minor child were counselled and the father undertakes that he will ensure that the minor daughter is able to attend her school regularly. The minor daughter was counselled and she has expressed her willingness to accompany her father.

8. In such circumstances, considering that the minor child "X" wants to continue her studies who is about 16 years of age and is presently studying in 10th standard, he studies will not be discontinued. The Principal of the school concerned will accept the leave application which will be moved by the father of the minor child and will accept as leave, the period when she had not