{"id":1338,"date":"2024-01-04T20:32:07","date_gmt":"2024-01-04T15:02:07","guid":{"rendered":"https:\/\/xpertslegal.com\/blog\/?p=1338"},"modified":"2025-02-22T11:13:41","modified_gmt":"2025-02-22T05:43:41","slug":"delhi-hc-issues-directions-for-effective-investigation-in-cases-involving-missing-minor-children","status":"publish","type":"post","link":"https:\/\/xpertslegal.com\/blog\/delhi-hc-issues-directions-for-effective-investigation-in-cases-involving-missing-minor-children\/","title":{"rendered":"Delhi HC issues directions for effective investigation in cases involving missing minor children"},"content":{"rendered":"

LAMBODER JHA\u00a0 \u00a0 <\/strong>(Petitioner)\u00a0 Vs.\u00a0 \u00a0 <\/strong>GOVT NCT OF DELHI & ORS.\u00a0 <\/strong>(Respondents)<\/p>\n

W.P.(CRL) 2131\/2023<\/strong><\/p>\n

(CORAM: HON’BLE MS. JUSTICE SWARANA KANTA SHARMA)<\/p>\n

 <\/p>\n

Facts:<\/u><\/strong> The instant writ petition under Article 226 of the Constitution of India<\/a> has been filed on behalf of the petitioner for issuance of writ in the nature of Mandamus or any other writ, order or direction directing the respondents herein to adhere to the Standard Operating Procedure dated 23.11.2016 issued by Ministry of Women and Child Development and to locate the whereabouts of the missing minor daughter of the petitioner<\/p>\n

Issue:<\/u><\/strong> Whether the court must issue directions since the respondent police had failed to adopt proper procedure of investigation in this case and had failed to take into account the plight of the petitioner when his daughter had gone missing and her life was at stake?<\/p>\n

Arguments on behalf of counsel for petitioner:<\/u><\/strong> Sh. Soayib Qureshi<\/p>\n

It is stated that the petitioner has suffered hardships as a helpless father who was totally relying upon the State machinery to protect his minor daughter. The attention of this Court<\/a> is drawn to the fact that many helpless parents as him have been victim of lackadaisical approach, lapses and delay in taking steps, the lapses which are not merely procedural but grave, and the same be addressed by this Court. The petitioner has also raised before this Court several concerns in case of missing children which he had to face as a father belonging to poor strata of society and states that necessary directions in this case be passed. He has flagged the following issues.<\/p>\n

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  1. The State has miserably failed to adhere to the procedure and guidelines prescribed by the Standard Operating Procedure For Cases of Missing Children dated 23.11.2016 issued by W.P.(CRL.)2131\/2023 Ministry of Women and Child Development.<\/li>\n
  2. The State has failed to inform the Child Welfare Police Officer and forward the copy of the FIR to the Special Juvenile Police Unit for immediate action for tracing the child. The respondents have not taken any steps to ascertain the location of the minor female child.<\/li>\n<\/ol>\n