[Missing Minor] 'Taking Advantage Of COVID, Police Didn't Try To Trace Out The Minor; A Clear Case Of Negligence': MP HC Seeks Response From DGP [Read Order]

The bench of Justice G.S. Ahluwalia stated,

"It appears that all the time, the police was merely making formalities for searching out the missing corpus as well as the respondent No.6. The father of the missing corpus/petitioner had also informed the police about the phone call made by the missing corpus and the location of the said mobile phone was also verified by the police but still, thereafter they did not do anything for the last more than five months on the pretext that they were afraid of COVID-19 pandemic." (emphasis supplied)

Notably, the Superintendent of Police, Bhind was directed to personally ensure that the respondent No.6 is arrested, in spite of that, it appeared to the court that neither the Superintendent of Police, Bhind nor the SDOP, Gohad, Bhind took any interest in the matter.

Further, the court also made an observation that,

"It is really unfortunate that when the police was on the road to save the lives of persons from COVID-19 pandemic, but at the same time, the police is trying to take advantage of COVID-19 pandemic by saying that they were unable to move because of the lock-down, this clearly shows the negligence on the part of the police team."

The Background of the case

The court was hearing the plea of the father of a minor, who had stated before the court that the missing corpus/minor daughter had informed him on the mobile phone that she had married one Ashish Pawar and was also carrying the pregnancy of four months. When the location of the mobile number was traced, it was found that she was residing somewhere in Vishakhapatnam (Andhra Pradesh).

It was further submitted before the court that on 23.6.2020, the investigating officer sought an opinion from the Chief Block Medical Officer, Gohad, District Bhind, who in his opinion dated 8.7.2020 informed that since Vishakhapatnam (Andhra Pradesh) is situated at a distance of 1400 Kms. and as the missing corpus is carrying the pregnancy of six months, therefore, it would not be in her interest to undergo the travelling of 1400 Kms.

The observation of the Court

When the court asked a specific question as to whether the investigating officer has tried to seek assistance from the local police of Vishakhapattanam (Andhra Pradesh) to search out the missing corpus, then it was submitted by the counsel for the State that the investigating officer was of the view that if the assistance of local police is taken, then the local police may inform the missing corpus and the missing corpus may change her address, therefore, the local police of Vishakhapatnam has not been taken into confidence.

The court didn't accept the said argument as the court was of the view that it was nothing but a direct allegation against the police of Vishakhapatnam (Andhra Pradesh) and that, if the police was of the view that they are not in a position to go to Vishakhapatnam (Andhra Pradesh), then they could have taken the assistance of the local police of Vishakhapatnam (Andhra Pradesh) for tracing out the missing corpus for securing her presence

It was submitted by the state counsel that since the country vide lockdown was imposed, therefore, the police party could not go to Vishakhapatnam (Andhra Pradesh). However, as the court observed, he could not point out that the investigations were also stayed by because of the lock-down.

To this, the court said,

"The minor girl is missing and they even did not try to find out the location of the minor girl, in spite of getting information from the petitioner about the phone call made by the minor girl. There is nothing on record to suggest that even the movements of the police party or the investigations were also put in abeyance during the countrywide lock-down." (emphasis supplied)

Directions given/response sought by the court from the Director General of Police, State of M.P.

1. To look into the misconduct of the Superintendent of Police, Bhind, SDOP, Gohad, District Bhind as well as the Investigating Officer and to take necessary action against them for not securing the presence of the minor girl as well as not arresting the respondent No.6 as directed by this Court by order dated 24.12.2019.

2. To look into the question as to whether such conduct of the Superintendent of Police, Bhind, SDOP, Gohad, District Bhind as well as the Investigating Officer or any other police officer connected with the investigation amount to serious misconduct or not.

3. To file an affidavit as to whether all the investigations during the lockdown period were kept in abeyance and whether no investigation in the entire State of Madhya Pradesh was done in any matter and whether no person in connection with any offence was arrested, and whether the ground taken by the police officers that because of the imposition of lockdown, they could not go to Vishakhapatnam (Andhra Pradesh) is a correct stand or not?

4. Even after getting the information about the location of a minor girl in the month of March 2020 whether not making any effort to trace out the missing girl is a serious misconduct or not and whether such an act of a police officer amounts to a criminal offence or not?

5. To file an affidavit as to whether inaction on the part of the police in not taking the assistance of the local police of Vishakhapattanam (Andhra Pradesh) on the ground that the Investigating Officer had an apprehension that in case if the local police is taken in confidence, then they may inform the missing corpus or the respondent No.6 can be accepted or not and whether such a statement made by the State Counsel appears to be a wild and serious allegation of corruption against the Vishakhapatnam Police or not as such a statement appears to have been made without there being any basis for the same.

Lastly, the counsel for the state submitted that now, the police will immediately go to Vishakhapatnam (Andhra Pradesh) to trace out the missing corpus and they would get her statement recorded under Section 164 of Cr.P.C. and looking to her physical condition, if it is not possible to bring her back to Bhind/Gwalior, then they will get her secured by making a prayer to the competent authority for sending her to Nari Niketan or any other permissible institution.

It was also submitted that now, the police would also arrest the respondent no.6 because the missing corpus was minor on the date of the incident, and as per her mark sheet, she has attained majority only on 7-7-2020.

The court directed the Inspector General of Police, Chambal Division, Morena to take over the investigation from the Superintendent of Police, Bhind and to personally supervise the investigation and do the needful within a period of five days from 20^th August.

The Inspector-General of Police, Chambal Division, Morena has been directed to file the status report under his own affidavit and from 20^th August onwards, no status report below the rank of Officer of Inspector General of Police shall be filed in this case.

The matter has been listed on 26.8.2020 for the production of the missing corpus.

Case Details:

Case Title: Narayan Dhakad vs. State of M.P. & Ors.

Case No.: WP No. 20269/2019

Quorum: Justice G. S. Ahluwalia

Appearance: Advocate Rajnish Sharma (for the Petitioner); Panel Lawyer Purshottam Rai (for the respondent-State)

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