Allahabad High Court Directs DGP, Lucknow CP To Recover & Produce A 15-Year-Old Girl 'Illegally Detained' By 2 Persons

Expressing its disappointment over the lethargic attitude of the Uttar Pradesh Police to trace out a Hindu minor girl from the illegal detention of two youths who belong to a different religion, the Allahabad High Court on Tuesday directed the DGP and Commissioner of Police (CP), Lucknow to take necessary action in the matter.

The Bench of Justice Vikas Kunvar Srivastav has directed the DGP and CP, Lucknow to recover the minor girl and ensure her production before the Court on December 23.

The Court's direction has come on the Habeas Corpus plea filed by the Mother of the 14-year-old girl, alleging that her daughter, the detenue, Poonam Mishra, has been kidnapped by the two persons named Waris and Fareed.

It was submitted by the Mother that despite the lodging of an FIR under Sections 363, 366,, no efforts were being made to trace out the girl by the police.

Importantly, pursuant to the order of the court dated November 27, 2021, the S.H.O., Police Station- Para were to produce the girl in person before the court, but on Tuesday, it was informed by the Investigating Officer to the court that the efforts are being done for the recovery of the girl and arrest both of them.

In view of this, the Court observed thus:

"It seems that the tracing of the aforesaid opposite party no.4, Waris with the minor detenue, a girl child of 15 years is beyond the capacity of the opposite party no.3 [S.H.O., Police Station- Para] or he is not interested in complying with the order."

Therefore, the Court directed the Commissioner of Police, Lucknow Commissionerate, and the Director-General of Police, Uttar Pradesh, to take suitable and appropriate steps for recovery of the Girl from the illegal detention of aforesaid Waris and to produce her before the court on December 23, 2021, keeping in mind the detenue is a minor girl about 15 years of age.

The Commissioner of Police, Lucknow Commissionerate has been further directed to submit a personal affidavit with regard to the action taken ensuring the recovery of the minor girl from Waris in case the girl is not recovered and produced before the court on the next date.

Case title - Km. Poonam Mishra (Minor) Thru. Mother Seema Mishra v. State Of U.P. Thru. Prin. Secy. Home & Ors.

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