AI Structured Summary
Not yet generated for this judgment
Judgment
A writ of habeas corpus is not one to be issued just because some other person presents a petition or even a parent of the missing girl presents a petition for issue of a writ, but there is absolutely no averment or allegation that missing person is in illegal custody of any other person either the wielding authority under the law or private person.
While a person going missing is undoubtedly a very serious matter and more such occurrences definitely reflects upon the state of law and order and the quality of efficiency of governance, not tracing or not solving such cases yet again reflects on the efficiency of the law enforcement system including the Police.
Be that as it may, the present petition by a father of a girl who is aged about fifteen years and for the reason that the daughter who had left home to attend the school in the morning as usual at 7.15 am on 16.11.2011 having not returned in the evening on the same day, inspite of the petitioner having lodged a complaint about his daughter missing from home and also that she had carried a gold necklace and pair of ear rings which was in the house and a mobile SIM No. 8105940168 and therefore having requested the Police to help the petitioner by proper investigation and particularly on the suspicion that she might have been taken away by some person and the Police though having registered a case in Crime No. 485/2011 for the offences punishable u/s 363 IPC, the Police have not produced any results and therefore the present writ petition.
The petition averments is that though the Police have registered the first information report, have not followed up the matter, have not produced any result even after lapse of sufficient time and therefore the present writ petition for issue of a writ of habeas corpus etc.
In a situation of this nature, while a writ of habeas corpus cannot be issued as it is not the case of the petitioner that his daughter is in illegal custody of any of the named respondents or under the authority of law, insofar as the investigation by the Police about the complaint lodged by the petitioner is concerned, it is only expected that the Police should act in accordance with law under the Criminal Procedure Code 1973 and if the petitioner is not satisfied with the performance or efficiency level of the Police, it is up to the petitioner to move the matter with higher ups and not to file a writ petition for habeas corpus.
This writ petition is dismissed.