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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Sunita Pandey - Appellant
Versus
State Gnct of Delhi & Anr. - Respondents
W.P.(Cr) 379 of 2024
Decided On : 05-02-2024
Habeas Corpus - Missing Minor Daughter - The court disposed of the Habeas Corpus petition by directing the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and communicate any clue found about the missing minor daughter to the petitioner.
Fact of the Case:
The petitioner filed a Habeas Corpus petition seeking directions to produce the missing minor daughter who went missing from home and did not return back. The petitioner alleged that the police did not make satisfactory efforts to find the whereabouts of her minor daughter.
Finding of the Court:
The court found that upon the complaint of the petitioner, an FIR was registered for the offence punishable under Section 363 IPC and all sincere efforts to trace out the missing daughter had been made. The court disposed of the petition by directing the concerned police officials to file a monthly status report and communicate any clue found about the missing minor daughter to the petitioner.
Issues: The main issue was the alleged lack of satisfactory efforts by the police to find the whereabouts of the missing minor daughter.
Ratio Decidendi: The court considered the efforts made by the police, the registration of FIR, and the pending investigation in reaching its decision to dispose of the petition with directions for filing a monthly status report and communicating any clue found about the missing minor daughter to the petitioner.
Final Decision: The petition was disposed of with directions for the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and communicate any clue found about the missing minor daughter to the petitioner.
JUDGMENT (Oral)
1. 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.
2. The petitioner is aggrieved by the fact that on 11.01.2024 at around 11:00 AM, petitioner's minor daughter, aged 16 years, went missing from home and did not return back. Petitioner and her family members tried to trace her out but it was to no avail.
3. Learned counsel for the petitioner submits that petitioner approached police station Gokal Puri several 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. On 27.01.2024, she sent a written complaint to DCP(North-East), Delhi rquesting to issue directions to SHO, PS Gokal Puri for registration of the case.
4. Notice issued.
5. 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, DD entry No.90 dated 14.01.2024 was registered and on the statement of the petitioner, FIR No.136/2024 dated 04.02.2024 for the offence punishable under Section 363 IPC was registered at police station Dayalpur and all sincere efforts in order to trace out the missing daughter of the petitioner have been made.
6. The status report dated 05.02.2024 is taken on record and we have perused the same.
7. 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.
8. 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 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 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 adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.
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 reaffirmed the principle that the welfare of the minor is paramount in custody matters, and the police must act diligently in tracing missing persons.
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.
The court emphasized the principle of Habeas Corpus and the importance of investigating the circumstances of a minor going missing.
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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