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Delhi HC Shocked No FIR Lodged by Police Despite Senior Citizen Missing for More Than 3 Years

File photo of Delhi High Court

File photo of Delhi High Court

A bench of Justices Vipin Sanghi and Rajnish Bhatnagar said the nonregistration of an FIR in the matter till now was also contrary to the standing orders of the Delhi Police.

Shocked by lack of an FIR regarding a missing senior citizen whose whereabouts are not known since July 2017, the Delhi High Court has ordered registration of an FIR and transfer of the case to the Anti-Human Trafficking Unit (AHTU) of Crime Branch. A bench of Justices Vipin Sanghi and Rajnish Bhatnagar said the non-registration of an FIR in the matter till now was also contrary to the standing orders of the Delhi Police.

The court issued notice to the state and directed it to file a status report under signature of the DCP concerned before the next date of hearing on January 7. The order came on a habeas corpus plea filed by a woman seeking production of her then 60 year old father who went missing on July 10, 2017.

According to her petition a complaint regarding her father going missing was made to the police on December 5, 2017, but not FIR was lodged and he was also not traced. "We are shocked that no FIR was registered with regard to the father of the petitioner going missing despite passage of so much time. This is contrary to the Standing Order No. 252/2019 issued by the Commissioner of Police," the bench said.

Delhi government standing counsel (criminal) Rahul Mehra told the court that a vigilance inquiry was going on in relation to the said lapse. He also told the bench that the then Investigating Officer who was looking into the said case has since been transferred and he apparently took away the file with him, and therefore, there is no record available in the police station in relation to the inquiry conducted thus far. "Looking to the aforesaid circumstances, we direct registration of the FIR with regard to the petitioner's father going missing and the same shall be transferred forthwith to AHTU, Crime Branch which shall conduct investigation in the matter," the court said.


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