LAMBODER JHA Vs. GOVT NCT OF DELHI

JUDGEMENT

(1.) The instant writ petition under Article 226 of the Constitution of India 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 dtd. 23/11/2016 issued by Ministry of Women and Child Development and to locate the whereabouts of the missing minor daughter of the petitioner. FACTUAL BACKGROUND

(2.) To encapsulate briefly, facts of the present case are that petitioner is father of minor 'X', who is about 16 years of age, who had gone missing on 10/7/2023. She had left her house at about 9:30 AM to visit her Aunt who resides near their home. However, since she did not return home and considerable time had passed, the petitioner father had gone to inquire about her and was informed that minor 'X' had never reached her aunt's house. They had tried to find her in the neighbourhood, however, she could not be found. On 11/7/2023, petitioner had lodged a complaint at Police Station Kalindi Kunj and FIR No. 336/2023 came to be registered under Sec. 363 of IPC.

(3.) The petitioner states that despite number of visits to the police station between 12/7/2023 to 16/7/2023, he could find no information about his daughter. Thereafter, he had made representation to the Deputy Commissioner of Police, South-East District, and to SHO, Police Station Kalindi Kunj on 16/7/2023. The petitioner's grievance is that the police had not taken steps in accordance with Standard Operating Procedure for cases of missing children issued on 23/11/2016 by the Ministry of Women and Child Development. The present writ petition was therefore filed to point out the lapses in the procedure adopted by the police officials in case of finding the missing child.