ORAL ORDER

(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR)

In this petition, petitioner seeks the following reliefs:

“(a) Issue writ in the nature of mandamus and direct the respondent’s to investigate under the kidnap and missing of the minor boy in Crime No.85/2024 of Chowk P.S. Kalaburagi for offence U/Sec. 363 of IPC and issue direction to find out the missing boy as per Annexure-A.

(b) Issue the direction to pay the cost of Rs.1,00,000/- for causing harassment and mental torture and for i\negligent act from the respondents authorities.

(c) Issue any other directions as this Hon’ble Court deems fit under facts and circumstances of the case.”

2. Heard learned counsel for the petitioner and learned HCGP for the respondents and perused the material on record.

3. It is the grievance of the petitioner that his son –

Master Vinayak, minor aged about 17 years went missing on 22.05.2024 and an FIR in Crime No.85/2024 was registered before the Chowk Police Station, Kalaburagi. Learned counsel for the petitioner submits that even till today, respondents have not traced his missing son and in the light of the judgment of the Apex Court in the case of Bachpan Bachao Andolan Vs. Union of India – (2014) 16 SCC 616 necessary directions may be issued to forward the matter to the Anti-Human Trafficking Unit and to take further steps in terms of the said order.

4. Per contra, learned HCGP for the respondents has filed latest status report indicating that investigation regarding missing child is still going on and the missing child of the petitioner has not yet been traced even till today.

5. In the case of Bachpan Bachao Andolan, Apex Court has held as under:

1. This matter has been listed pursuant to the direction [Bachpan Bachao Andolan v. Neeraj Kumar, Contempt (cid:1) (cid:1) (cid:1)

Petition (C) No. 186 of 2013, order dated 26-4-2013 (SC), wherein it was directed: “On mentioning, let this matter be taken on Board and let the contempt petition filed in the writ petition, be listed for consideration on Monday (29-4-2013).”] given on 26-4-2013, when the contempt petition filed in the writ petition by the petitioner, complaining of the manner in which a complaint made regarding a missing child was sought to be handled by the police station concerned, was being considered. It has also come up on account of the other directions which had been given for implementing the various provisions of the Juvenile Justice (Care and Protection of Children) Act, 2000, as amended in 2006 (“the Juvenile Act”, for short).

2. On 17-1-2013, when this matter came up for consideration, we had given an interim direction [Bachpan Bachao Andolan v. Union of India, (2014) 16 SCC 612] that in case a complaint with regard to any missing children was made in a police station, the same should be reduced into a first information report and appropriate steps should be taken to see that follow up investigation was taken up immediately thereafter.

3. An element of doubt has been raised on behalf of the State of Madhya Pradesh regarding the recording of first information report relating to a missing child, having regard to the provisions of Section 154 of the Code of Criminal Procedure, 1973 (“CrPC”, for short), which relates to information in cognizable cases. We do not, however, see any difficulty in the orders, which we have already passed. We make it clear that, in case of every missing child (cid:1) (cid:1) (cid:1)

reported, there will be an initial presumption of either abduction or trafficking, unless, in the investigation, the same is proved otherwise. Accordingly, whenever any complaint is filed before the police authorities regarding a missing child, the same must be entertained under Section 154 CrPC. However, even in respect of complaints made otherwise with regard to a child, which may come within the scope of Section 155 CrPC, upon making an entry in the book to be maintained for the purposes of Section 155 CrPC, and after referring the information to the Magistrate concerned,