"The Case of the Missing Boy: A Father's Quest for Answers and the Limits of Police Investigation"

 


Introduction

This case from the Patna High Court revolves around the disappearance of a minor child and the father's legal battle to push for a thorough investigation. It brings to light the frustrations faced by families when a loved one goes missing and the challenges encountered by law enforcement in such investigations. The court's decision reflects on the complexities of missing person cases, the scope of police authority, and when it might be appropriate to transfer an investigation to a specialized agency like the Central Bureau of Investigation (CBI).

The Disappearance

The petitioner, Karu Kumar, is the father of a young boy who went missing on April 14, 2017. The boy, a student at the time, left home early in the morning to attend private tuition. However, he never returned home after his class, and it was later discovered that he didn't even attend the tuition.

Initial Police Response and Investigation

Concerned and desperate, the petitioner filed a missing person's report at the local Ram Krishna Nagar Police Station on April 15, 2017. The police registered a case under Sections 363 (kidnapping) and 370 (trafficking of persons) of the Indian Penal Code (IPC).

However, the petitioner felt that the police investigation was inadequate and unsuccessful in tracing his son. This led him to file a petition in the Patna High Court, seeking a court order to compel the police to intensify their efforts to find his missing child.

Court Intervention and Police Reports

The High Court took the matter seriously and issued several directives to the police authorities, instructing them to enhance their investigation. Senior police officers were even called to court to explain the steps they had taken to locate the missing boy.

The police, in their reports to the court, detailed their efforts, which included:

  • Publishing the boy's photograph in newspapers.

  • Broadcasting his photograph on television.

  • Forming a special team to search for the child.

  • Analyzing CCTV footage from various locations like bus stands, railway stations, and highways.

Despite these efforts, the police were unable to find any trace of the missing boy.

Investigation Closure and Further Attempts

In a somewhat disheartening turn, the police eventually closed the initial investigation and filed a final report stating that while the disappearance was confirmed, they had no leads on the boy's whereabouts.

However, the Criminal Investigation Department (CID) of Bihar later sought permission from the court to reopen the investigation, hoping to uncover new information. Unfortunately, this further investigation also yielded no results.

The Use of Technology in the Investigation

In a more recent development, the police sought to use technology to aid their search. They requested the Unique Identification Authority of India (UIDAI) to provide details related to the boy's Aadhaar number, hoping to get information about associated mobile numbers.

The police also acknowledged that since the boy had been missing for several years, his appearance might have changed significantly. To address this, they sought the help of the National Forensic Science University in Gandhinagar, Gujarat, to develop a probable current description of the boy.

Petitioner's Argument for CBI Investigation

Faced with the continued lack of progress, the petitioner's lawyer argued for transferring the case to the Central Bureau of Investigation (CBI). He cited a similar case where the Patna High Court had handed over the investigation of a missing child to the CBI.

Court's Decision on CBI Investigation

The court, however, refused to transfer the case to the CBI. The court acknowledged the Supreme Court's guidelines on transferring cases to the CBI, emphasizing that it should be done sparingly and only in exceptional circumstances.

The court noted that such circumstances include cases where:

  • High-ranking state officials are involved.

  • The investigation itself is suspected of being biased or tainted.

  • Transferring the case is necessary to ensure justice or maintain public confidence in the investigation.

  • The case has national or international implications.

In this particular case, the court found no evidence to suggest that the state police investigation was biased or that any high-ranking officials were involved. It also concluded that transferring the case to the CBI simply because the child had not been found would not be appropriate. The court expressed concern that the CBI would be overwhelmed with cases if such transfers became routine, which could hinder their ability to effectively investigate serious crimes.

Final Decision and Directives

Ultimately, the Patna High Court decided to dispose of the petition with certain directives.

  • It directed the Unique Identification Authority of India (UIDAI) to provide the information requested by the CID regarding the missing boy's Aadhaar card details.

  • It instructed the CID to continue their investigation and stated that if the boy is found, he should be handed over to his father.

The court acknowledged the exhaustive efforts made by the police authorities, including the CID, to find the missing child. However, it concluded that further directions to the police or transferring the investigation to the CBI would likely be futile.

Significance of the Case

This case highlights the following important points:

  • The Agony of Missing Person Cases: It underscores the emotional distress and prolonged suffering experienced by families when a child goes missing.

  • Challenges in Investigation: It illustrates the difficulties faced by law enforcement in tracing missing persons, despite their efforts and the use of various investigative techniques.

  • Judicial Discretion in CBI Transfers: It clarifies the principles guiding the court's decision to transfer investigations to the CBI, emphasizing that it is not a routine measure.

  • Balancing Justice and Resources: It reflects the court's need to balance the pursuit of justice in individual cases with the efficient allocation of resources among law enforcement agencies.

  • The Role of Technology: It demonstrates the increasing use of technology, such as Aadhaar information and forensic science, in modern investigations.

Conclusion

The case of the missing boy is a poignant reminder of the complexities and heartaches associated with missing person investigations. While the court expressed its sympathy for the petitioner's plight, it also emphasized the need for judicial restraint in transferring cases to the CBI and acknowledged the efforts made by the state police. The case underscores the ongoing quest for justice and the use of evolving tools and techniques in the search for missing individuals.

Read the full judgement Below;

https://patnahighcourt.gov.in/viewjudgment/MTYjNzY0IzIwMTcjMSNO-806wXg0ffFk=