SHO saved himself by making extra efforts to trace a missing girl, read the order

April 7, 2019: Delhi High Court has warned the SHO of PS Mangolpuri for the laches but finding that the missing girl was traced due to his efforts; the Court closed the matter only with the warning.

A division bench of JJ Hima Kohli and Vinod Goel passed the order tilted as COURT ON ITS OWN MOTION vs STATE on 02.04.2019.

A PIL was registered suo-moto by the High Court in terms of the Minutes of the meeting dated 20.02.2019 of the PIL Committee of this Court directing the Registry to register a Habeas Corpus petition in view of a letter dated 16.7.2018 received from Mr. Ajay Kumar stating inter alia that his daughter, aged 13 years has been kidnapped by one Kishan Lal and despite an FIR registered in this regard with P.S. Mangolpuri on 03.6.2016, no effective steps have been taken by the police to trace her.

Having regard to the fact that almost 2 years, 8 months had passed since the minor daughter of Mr. Ajay Kumar went missing, it was deemed appropriate to direct that investigation of this case be transferred forthwith to the AHTU/Crime Branch. High Court had also directed that an officer not below the rank of a DCP shall file a Status Report giving the details of the steps taken to trace the missing girl.

Considering the delay, the Court had also called for a separate affidavit to be filed by the SHO, P.S. Mangol Puri furnishing the details of the steps taken to trace the missing girl from the date of registration of the FIR i.e., from 03.6.2016, till date.

On 02.04.2019, A copy affidavit of SHO was brought to the notice of the Court. The missing minor girl wass also present along with her parents. Mr. Mehra, learned Standing Counsel (Crl.) stated that the DOB of the missing girl is 05.03.2003. She was traced and found at Ballabhgarh on 14.03.2019 with one Kishan against whom her parents had a suspicion. Kishan was arrested on the same day. The girl was medically examined and her statement was recorded on 15.03.2019, under Section 164 Cr.P.C. wherein she stated that she had got married to the accused, Kishan at Ballabhgarh of her own free will and is living happily with him. When she was asked if she wanted to return to her parents, she had refused to do so.

In respect of the SHO, the High Court observed “As for the affidavit of the SHO, PS Mangol Puri, explaining the steps taken upon registration of the FIR in the present case, we have perused the same and find that there are several laches. However, having regard to the fact that though the matter was transferred on the last date of hearing to AHTU/Crime Branch, it is with the efforts made by the SHO, PS Mangol Puri, that the minor girl has finally been recovered, the matter is closed here while issuing a warning to him to be more diligent in the future”.

After issuing the aforesaid warning to the SHO, the High Court disposed off the petition.

Read the judgment here:

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