IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^THDAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 30006 OF 2024 (GM-POLICE)

BETWEEN:

SRI. MAHESH S/O. LATE SRI. MAARA AGED ABOUT 65 YEARS RESIDING AT NO. 168 KANAKANAGAR, MARENAHALLI VIJAYANAGAR, BANGALORE – 560 040 …PETITIONER (BY SRI. PURUSHOTHAMA N.,ADVOCATE)

AND:

1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY HOME DEPARTMENT, VIDHAN SOUDHA, BANGALORE - 560001

2. THE COMMISSIONER OF POLICE Digitally signed by VARSHA N NO.2, ALI ASKER ROAD RASALKAR BANGALORE – 560 001 Location: HIGH COURT OF KARNATAKA

3. THE DEPUTY COMMISSIONER OF POLICE BANGALORE WEST DIVISION BANGALORE – 560 053

4. THE STATION IN CHARGE/SHO, ANNAPOORNESHWARI POLICE STATION BANGALORE-560 091 …RESPONDENTS (BY SMT.K.P.YASHODHA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASHING THE IMPUGNED MEMORANDUM DTD 01.04.2022(ANNX-D) BEARING NO.CRM/MISSING/08/DCP(W)/2022 ISSUED BY THE R3 AS BEING UNSUSTAINABLE, ARBITRARY, ILLEGAL AND UNCONSTITUTIONAL.

THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER

1. The Petitioner is before this Court seeking for the following reliefs:

“i. Issue a writ of Certiorari quashing the impugned Memorandum dated 01-04-2022 bearing No. CRM/Missing/08/DCP(W)/2022 (Annexure D) issued by the Respondent No. 3 as being unsustainable, arbitrary, illegal and unconstitutional;

ii. Issue a writ of Mandamus directing the Respondents to conduct a detailed investigation with due diligence pursuant to the complaint filed by the Petitioner regarding the "missing" status of Mr. Kumar, and thereafter file an appropriate status report about the whereabouts of Mr. Kumar and developments in the investigation process; and iii. Pass such other order / orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, including as to costs, in the interest of justice and equity.”

2. The grievance of the petitioner is that one Mr.Kumar, who is the cousin of the petitioner, had gone missing, in furtherance of which a complaint had been submitted and an FIR was registered on 15.06.2020. Thereafter, no progress having been made. In May 2024, it was informed to the petitioner that the FIR registered by the petitioner has been listed as dormant. And as such, no further investigation has been done. It is in that background that the petitioner had approached this Court seeking for the aforesaid relief.

3. After having heard the learned counsel for the petitioner and the learned AGA, this Court, vide its order dated 27.10.2025, called upon learned AGA to make her submission as to how an FIR has been labelled dormant when the missing person was still to be found. Thereafter, on 03.12.2025, it came to light that there are larger systemic issues and concerns in respect of the rising incidence of missing persons complaints and the adequacy of the response on the part of the State. It is in that view of the matter that on 03.12.2025, this Court passed the following order:

“ORAL ORDER

1. Learned AGA seeks for and is granted a week’s time to file objections as regards the investigation which has been carried out.

2. Before proceeding to consider the specific grievance placed before this Court, it becomes imperative to address the larger systemic concern repeatedly brought to the attention of this Court, namely, the rising incidence of missing-person complaints and the adequacy of the State’s institutional response. Missing-person cases, particularly those involving women and children, require the State to discharge an affirmative, non-

delegable obligation to ensure not merely registration of complaints but also a prompt, structured, and scientifically sound investigative response.

3. Upon receipt of information disclosing the commission of a cognisable offence, including kidnapping, trafficking, abduction, or any c