SANJEEV KUMAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) Prima facie, we find there is no proper investigation conducted by the Investigating Officer. Therefore, Superintendent of Police, Samastipur is hereby requested to nominate good and efficient Police Officer as Investigating Officer. Thereafter, time limit should be stipulated to the newly appointed Investigating Officer to undertake further investigation in the matter and apprise this Court before the next date of hearing.

(2.) Relist this matter on 4/3/2024.

(3.) The Investigating Officer was required to apply his/her mind with different techniques in respect of interrogation. In order to elicit truth, such mechanism has not been followed by the present Investigating Officer. This court has come across 'STANDARD OPERATING PROCEDURE FOR CASES OF MISSING CHILDREN' which was notified on 23/11/2016. This procedure has not been followed by the Police department officials in respect of missing persons in the State of Bihar. In fact, Annexure - 1 to the aforementioned procedure is relating to 'PROCESS TO BE FOLLOWED UPON RECEIPT OF MISSING CHILD COMPLAINT' are as under:-