The Lucknow Bench of the Allahabad High Court has directed the Superintendent of Police, Panipat, Haryana and Station House Officer, Police Station-Chandni Bagh, District-Panipat, Haryana to appear in person before the Court along with a 13-year-old missing boy, on August 05.
A Single Bench of Justice Shamim Ahmed passed this order while hearing a Habeas Corpus Writ Petition filed by detenue Through His Mother.
The petition has been filed on behalf of the detenue through his mother praying for following main relief:-
“(i) Issue a writ, order or direction in the nature of Habeas Corpus directing the opposite party No 6 to 7 to produce the petitioner/ detenue before the Court forthwith, and release detenue/petitioner in favour of the deponent.”
Counsel for the respondent No 2 and 4 filed a progress report/affidavit in the Court on behalf of respondent No 2 and 4 in respect of investigation been carried out by respondent No 2 and 4 for recovery of the detenue aged about 13 years who is missing.
The Court noted that,
On perusal of progress report/affidavit filed on July 22 in the Court, it appears that the said progress report is nothing but simply an eye wash as the respondent No 2 i.e Principal Secretary, Department of Home, Civil Secretariat, Haryana Chandigarh and respondent No 4 i.e Superintendent of Police, District-Panipat, Haryana have not mentioned any exact detail regarding the investigation and steps taken by them to recover the detenue.
Further, it is clear from the progress report that the authorities concerned are passing time and they have not even arrested or recorded the statement of the person who employed the detenue at his Bungalow situated in Sector-12 in front of Mother Teressa, Chandani Bagh, Panipat, Haryana.
Even though, in the progress report/affidavit filed on July 22, the name of the owner/occupier of Bungalow situated in Sector-12 in front of Mother Teressa, Chandani Bagh, Panipat, Haryana has not been disclosed nor any document has been annexed with the progress report/affidavit to support the arguments advanced by the Special Counsel for respondent No 2 and 4.
Further, it is not in dispute that the detenue was working at Bungalow situated in Sector-12 in front of Mother Teressa, Chandani Bagh, Panipat, Haryana and the employer was taking his services and the reasons best known to the employer, the detenue got missing from his residence. In this regard, initially an FIR was also lodged under 346 I.P.C registered as Case on 03.04.2024 and later on, after the investigation Section 346 I.P.C was converted to Section 365 I.P.C as the missing person was a minor child, the Court observed.
Thus, in view of the above, the Court has no option but to directed the Superintendent of Police, Panipat, Haryana and the Station House Officer, Police Station-Chandni Bagh, District-Panipat, Haryana to appear before the Court in person along with the detenue on the next date of listing to explain that why the detenue has yet not been recovered after more than three months of lodging of the FIR.
Accordingly, the Court directed the Superintendent of Police, Panipat, Haryana along with Station House Officer, Police Station-Chandni Bagh, District-Panipat, Haryana to remain present before this Court in person on the next date of listing alongwith detenue and with the complete details/ progress report in respect of the investigation done so far.
The Court also directed the Senior Registrar of the Court to transmit a copy of the order to the Chief Secretary, Government of Uttar Pradesh, Civil Secretariat, Uttar Pradesh, Lucknow and Commissioner of Police, Lucknow, Uttar Pradesh to be communicated to the Chief Secretary, Government of Haryana, Civil Secretariat Haryana, Chandigarh and Superintendent of Police, Panipat, Haryana for necessary compliance and information, forthwith.
The Court has fixed the next hearing of the petition on 05.08.2024.