[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 Madhya Pradesh High Court (Gwalior Bench) on Thursday (20th August) rapped the Superintendent of Police, Bhind stating that "he has already lost the confidence of this Court." The court also reprimanded the Police team/officers as they failed in their duty to trace out the missing corpus/minor girl and secure her presence.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 caseThe 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 CourtWhen 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 presenceIt 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...

[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]

Sparsh Upadhyay

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