All Possible Efforts to Trace Missing Person Must Be Made - Delhi High Court in Missing Woman Case

Delhi High Court disposed of a Habeas Corpus petition filed by Umesh Kumar, regarding the mysterious disappearance of his wife since November 19, 2022. The bench, comprising Hon’ble Mr. Justice Suresh Kumar Kait and Hon’ble Ms. Justice Shalinder Kaur, emphasized the importance of exhaustive investigative efforts in such cases.

The petitioner, aggrieved by the police's response to his wife's disappearance, approached the court seeking directions under Articles 226 & 227 of the Constitution of India for the production of his missing wife. “The case underscores the crucial role of law enforcement in meticulously tracking missing persons,” remarked Justice Suresh Kumar Kait.

The police registered FIR No.339/2023 under Section 365 IPC after a complaint from the respondent. Despite analyzing call records and conducting local searches, the whereabouts of the missing woman remain unknown. “In light of the aforesaid and since all possible efforts to trace the missing girl have been made and the FIR is pending investigation, we hereby dispose of the present writ petition,” stated the bench in their judgment.

The court has directed the concerned police officials to file a quarterly status report before the concerned Metropolitan Magistrate. Any significant development in the case must be promptly communicated to the petitioner.

Representing the petitioner were Ms. Neetu Rai, Mr. Alok Kr. Rai & Ms. Kanchan, while the respondents were represented by Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Shivesh Kaushik & Mr. Abhinav Kr. Arya.

This case brings into focus the challenges and responsibilities of the police in missing person investigations and the judiciary’s role in ensuring that all possible efforts are made in such sensitive matters.

Date of Decision: November 10, 2023

UMESH KUMAR VS THE N.C.T/GOVT. OF DELHI & ORS.