'Son Missing For 17 Years' : Supreme Court Directs Investigation By SIT On A Father's Plea

While considering a father's plea complaining that his son is missing for almost 17 years, the Supreme Court directed the Madhya Pradesh Government to handover further investigation to a Special Investigation Team (SIT).

In the year 2005, Attu's son Manoj Prajapati was accused in a crime of outraging modesty of a women. He had filed a Habeas Corpus Petition before the High Court which was disposed of by observing that a permanent warrant of arrest has already been issued in the crime registered against Manoj and thus the State is duty bound to arrest him and to produce him before the court where challan has been filed against him.

Thereafter, he filed a criminal complaint before the Magistrate Court which was also dismissed. The High Court also rejected the challenge against this order. 

The Apex Court issued notice to the State in Special Leave Petition filed by Attu. 

"We feel that there is a paper compliance and nothing positive is coming forward ... The last status report which has been placed for perusal is also of paper compliance indicating that search warrants have been issued in neighbouring villages but nothing has come forward. Obviously, nothing will come forward for the reason that this minor son is not traceable for more than 17 years. The question of his availability in nearby villages does not ordinarily arise.", the bench of Justices Ajay Rastogi and CT Ravikumar observed.

The court thus directed the State Government to form a SIT and to hand over the further investigation to it.

Case: Attu vs Sher Singh | SLP(Crl) 403/2022 

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