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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Nirmala Devi - Appellant
Versus
State - Respondent
W.P.(Cr) 378 of 2024
Decided On : 05-02-2024
Habeas Corpus - Missing Minor Daughter - The court disposed of the writ petition filed as Habeas Corpus under Article 226 of the Constitution of India seeking directions to produce the missing minor daughter of the petitioner. The court directed the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and communicate any clue found about the minor daughter to the petitioner.
Fact of the Case:
The petitioner filed a writ petition as Habeas Corpus under Article 226 of the Constitution of India seeking directions to produce the missing minor daughter.
Finding of the Court:
The court disposed of the petition, directing the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and communicate any clue found about the minor daughter to the petitioner.
Issues: Missing minor daughter, police response, pending investigation
Ratio Decidendi: All possible efforts to trace the missing girl have been made, and the FIR is pending investigation.
Final Decision: The petition is disposed of with directions for the concerned police officials to file a monthly status report and communicate any clue found about the minor daughter to the petitioner.
JUDGMENT (Oral)
CRL.M.A.3446/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(CRL) 378/2024
3. Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India seeking directions to the respondent to produce missing minor daughter of the petitioner.
4. The petitioner is aggrieved by the fact that on 30.11.2023 at around 6:30 am, petitioner's minor daughter, aged 14 years, did not return back home from school. Petitioner tried to search her minor daughter but to no avail.
5. Upon her compliant, FIR No.814/2023 under Section 363 IPC at Police Station Binda Pur was registered on 13.12.2023. Petitioner has averred that she visited the police station many times but no satisfactory response was given and the police have not made any effort to find out the whereabouts of her minor daughter till date.
6. Notice issued.
7. Mr.Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State/respondent and has placed before this Court status report dated 05.02.2024 wherein it is stated that upon the complaint of the petitioner, abovesaid FIR has been registered. It is further stated in the status report that during investigation, local inquiry was made from the public and it was revealed that missing girl was seen at her house and on enquiry about missing girl from her mother namely Nirmala, she had stated that she came to know that her daughter was residing with her friend namely Ajay Kumar at Samastipur, Bihar and mother brought back her daughter/missing girl to Delhi about 25 days back. But after 2-3 days, she again left from house without any intimation. After that, IO/ASI Kamal asked from the mother why she didn't inform to the police to which she didn't give any satisfactory answer.
8. The status report dated 05.02.2024 is taken on record and we have perused the same.
9. 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 directing the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and, if any, clue is found about the minor daughter of the petitioner, the same shall be communicated to the petitioner.
10. With directions as aforesaid, the petition is disposed of.
The court's decision was based on the pending investigation of the missing minor daughter and the direction for the concerned police officials to provide a monthly status report and communicate any c....
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.
The court's primary concern was the prompt and regular updates on the investigation into the missing minor daughter and the directive to produce her before the magistrate if she is traced or rescued.
The court's decision was based on the exhaustive efforts made by the police to trace the missing girl and the pending investigation of the FIR, leading to the disposal of the writ petition with speci....
The court's decision was based on the principle of habeas corpus and the obligation of the police to make continuous efforts to trace a missing person.
The welfare and wishes of the missing minor girl were prioritized in determining the custody, in compliance with legal procedures.
The court emphasized the obligation of the State to act promptly in cases involving missing minors, ensuring their safety and welfare.
The court's decision was influenced by the willingness of the missing child to go back to her parents and the readiness of the parents to accept her, in compliance with Section 164 Cr.P.C.
The court upheld the rights of the daughter as a major and allowed her to make her own decisions regarding her marriage and living arrangements.
A Habeas Corpus petition for a missing adult cannot be maintained as a substitute for standard investigative procedures; the appropriate remedy lies in directing the police to expedite the investigat....
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