The court emphasized the obligation of the State to act promptly in cases involving missing minors, ensuring their safety and welfare.

ORDER :

1. The instant petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed on behalf of the petitioner seeking issuance of writ of habeas corpus or any other appropriate writ directing the respondent-State to produce the minor child who is 13 years old as she is missing since 16^th December, 2024.

2. Learned counsel appearing on behalf of the petitioner submitted that the minor child of the petitioner has been missing since 16^th December, 2024 and an FIR No. 0762/2024 regarding the same was lodged at Police Station Sarai Rohilla, Delhi under Section 137(2) of the Bhartiya Nyaya Sanhita. It is submitted that no action has been taken by the Police for tracing the minor girl child.

3. It is submitted that on personal inquiry through Instagram posts and reels, it was discovered that the minor child is with one Raja Yadav who is the resident of village Baghras, District Darbangha, Bihar. He prayed that the State may be directed to produce the minor child before this Court on the next date.

4. Heard.

5. Issue notice.

6. Learned Standing Counsel for the State appearing on advance notice accepted notice and submitted that the investigating agency went to Darbangha i.e., the native place of the petitioner herein after registration of the FIR however, the relatives there intervened and informed that Raja Yadav is not available there. After interrogating, it was revealed that Raja Yadav is not found there and is working in Mumbai. It is further submitted that the telephone number which is available to the Police was found switched off from the date when the girl was missing i.e., 16^th December, 2024.

7. Learned SC for State, on instructions, submitted that the Police shall raid the place where the alleged accused is residing and prayed for four weeks’ time to file status report.

8. Taking into consideration the above facts and circumstances, learned SC for the State is directed to file status report within four weeks and the investigating agency is directed to produce the minor girl child of the petitioner, if found, on the next date of hearing.

9. List on 1^st May, 2025.