Investigating Officers must adhere to legal procedures, especially when dealing with vulnerable individuals, to prevent abuse of authority and violations of personal liberty.

JUDGMENT :

1. This matter has come up before us on a mention having been made and permission thereof granted by Hon'ble the Chief Justice on administrative side. The court in pursuance of the administrative order was convened at 6.30 p.m.

2. On a perusal of the record placed before us, it is noticed that the petitioner no.1 who is a pregnant lady at an advanced stage, was stated to have gone missing on 14.08.2021 at 6.50 Hrs. when she was aged 21 years and she had left her home for appearing in B.A. 3rd year examination at Agra College, Agra. The petitioner no.1 alleged to be the victim not having returned home and after all the efforts made by the informant to find her or to obtain information about the whereabouts of victim who is his sister, therefore, the F.I.R. No.0504 of 2021, under Section 363 I.P.C. was lodged in Police Station Jagdishpura, District Agra on 15.08.2021 at 12.47 Hrs.

3. It is surprising to note that for nearly more than three years the investigation in relation to the F.I.R. did not progress barring for the fact that the statement of the informant is said to have been recorded. The present Investigating Officer Sri Anurag Kumar, Sub Inspector, who was posted at the Police Station Jagdishpura, District Agra about two months ago, took over the pending investigation. Sri Anurag Kumar, Sub Inspector who is present in person before us along with the victim and her minor child, has stated that further statement of the informant was recorded recently of which he does not recollect the date and it is in pursuance thereof that he had come to Lucknow to record the statement of victim alleged to have been kidnapped by one Brijesh Pratap Singh @ Prince. The name Brijesh Pratap Singh @ Prince as a matter of fact is Brijendra Pratap Singh, to whom the petitioner no.1 Smt. Chandini Singh is stated to have married on 15.08.2021 and her marriage has been registered before the Registrar (Marriages) on 19.08.2021.

4. The Investigating Officer present before us has also stated that a meeting in the office of Commissioner, Agra had been convened on 28.11.2024 to monitor and expedite the investigation of pending cases and a report was accordingly called for. It is in pursuance of the general direction so issued that he left Agra for verifying the whereabouts of the victim at Lucknow, which information according to him had been gathered by the previous Investigating Officer through the mobile number of suspected person Brijendra Pratap Singh (Brijesh Pratap Singh @ Prince in the F.I.R. itself).

5. The Investigating Officer has further stated that on reaching Lucknow he went to the concerned Police Station Chinhat, where he contacted the Incharge of the Police Station Sri Bharat Pathak for providing the police force to take necessary steps for search of the victim. Sri Bharat Pathak, who is also present in person, at that time was not physically present in the Police Station but was rather on duty in the Sessions Court where some remand matters were fixed. Consequently a lady police constable was provided from Police Station Chinhat to the Investigating Officer who went along with her to the residence of the petitioners at Bishwanath Enclave, Officers Colony, Vigyan Khand-4, Police Station Chinhat, Lucknow. The Investigating Officer states that he reached the victim’s house at about 12:15 p.m. where the petitioner no. 1 along with her minor child of two years and grand mother of her husband were present.

6. Thus, it is clear that no male member was present at the petitioners’ home. The Investigating Officer who had reached Lucknow and after obtaining police assistance from the concerned police station had reached the victim’s place of residence, did not carry his case diary with him and in order to record the statement under Section 161 Cr.P.C. (Section 180 BNSS) chose to take the victim into custody and brought her to the Police Station Chinhat along with her minor child under the pretext of recording the statement. The victim who i