Delhi High Court To Issue Guidelines For Standard Operating Procedure To Be Followed By Police In Cases Of Missing Children

A bench of Justice Swarana Kanta Sharma passed the order on a plea where the petitioner, the father of a minor girl who went missing, pointing out the lapses in the procedure contended that the entire guidelines of the SOP issued by the Ministry of Women and Child Development on November 23, 2016 were not followed in his case.

Advocate Soayib Qureshi appeared for the petitioner and ASC Sanjeev Bhandari appeared for the State.

In the pertinent matter, on July 11, 2023, the petitioner lodged a complaint of his 16-year-old missing daughter, at Police Station Kalindi Kunj under Section 363 of IPC.

Furthermore, that despite a number of visits to the police station between July 12, 2023 to July 16, 2023 he could not find any information about his daughter. Thereafter, he made a representation to the Deputy Commissioner of Police, South-East District.

However, the State and the investigating officer appearing on advance notice before the Court, produced the missing minor child “X”.

In her statement under Section 164 CrPC she stated that she had left her home out of her own free will due to some misunderstanding between her and her parents.

However, the minor victim in her interaction with the Court expressed apprehension in accompanying her father. She had stated that she wanted to continue her studies but since she left home, her parents will discontinue her studies and may treat her badly. Although upon counseling of the father and the daughter, she was willing to accompany her father.

“In such circumstances, considering that the minor child “X‟ wants to continue her studies who is about 16 years of age and is presently studying in 10th standard, he studies will not be discontinued. The Principal of the school concerned will accept the leave application which will be moved by the father of the minor child and will accept as leave, the period when she had not attended the school, without asking any uncomfortable question to the child or the father. Father of the child will ensure that the child keeps on going to the Government school, she is studying in. The SHO, PS Kalindi Kunj is also directed that for the next six months, he will send a female Sub Inspector to the house of the petitioner in plain clothes to find out that the child is attending the school comfortably and her studies have not been discontinued”, the bench directed in its order.

Accordingly, the bench listed the matter on August 1, 2023. 

Case Status: Lamboder Jha v Govt NCT of Delhi & Ors.