Case Note & Summary
The petitioner, Mohd Shaukat Shaikh, filed a Criminal Writ Petition under Article 226 of the Constitution of India before the Bombay High Court seeking a writ of Habeas Corpus to trace his missing son, Mohammed Sajid Shaikh, aged 15 years, who had been missing since 1 August 2012. The respondents included the State of Maharashtra and various police officers. Upon lodging a missing report, the police at Nirmal Nagar Police Station took steps to trace the missing person, including arresting certain accused and filing a charge-sheet under Section 363 read with 34 of the Indian Penal Code. The criminal case was pending before the 32nd Metropolitan Magistrate, Bandra, Mumbai. Despite the police's best efforts, the whereabouts of the missing person could not be traced. The court observed that since the police had left no stone unturned and the matter was already before the trial court, no useful purpose would be served by keeping the petition pending. However, the court directed the Nirmal Nagar Police Station to continue their investigation to trace the missing person. The petition was disposed of with this direction.
Headnote
A) Constitutional Law - Habeas Corpus - Missing Person - Article 226 of the Constitution of India - Petitioner sought writ to trace missing minor son - Police had registered missing report, arrested accused, filed charge-sheet under Section 363 read with 34 IPC, but missing person not found despite best efforts - Court held no useful purpose in keeping petition pending, but directed police to continue investigation (Paras 2-3).
Issue of Consideration
Whether a writ of Habeas Corpus should be issued to trace a missing minor when police have already investigated and filed charge-sheet but the missing person remains untraced.
Final Decision
Petition disposed of as no useful purpose would be served by keeping it pending. Directed Nirmal Nagar Police Station to continue investigation to trace the missing person.
Law Points
- Habeas Corpus
- Missing person
- Police investigation
- Best efforts
- No further relief
Case Details
2014 LawText (BOM) (01) 163
Criminal Writ Petition No.4450 of 2012
P.V. Hardas, A.S. Gadkari
Ms. Debapriya Mukherjee i/b Ms. Gayatri Singh for the Petitioner, Mr. H.J. Dedhia, Addl. P.P. for the State
The State of Maharashtra through Principal Secretary, Department of Home, Govt. of Maharashtra; The Director General of Police, Maharashtra; The Commissioner of Police, Mumbai Police, Mumbai; The Deputy Commissioner of Police, Zone 8, Bandra, Mumbai; The Superintendent of Police, Mumbai Police, Mumbai; The Senior Police Inspector of Nirmal Nagar Police Station
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Nature of Litigation
Criminal Writ Petition seeking Habeas Corpus for tracing missing minor son.
Remedy Sought
Petitioner sought issuance of writ of Habeas Corpus directing respondents to trace whereabouts of missing person Mohammed Sajid Shaikh, age 15 years.
Filing Reason
Petitioner's minor son missing since 1 August 2012; police efforts failed to trace him.
Previous Decisions
Missing report lodged; police arrested accused and filed charge-sheet under Section 363 read with 34 IPC; case pending before 32nd Metropolitan Magistrate, Bandra, Mumbai.
Issues
Whether a writ of Habeas Corpus should be issued when police have already investigated and filed charge-sheet but missing person remains untraced.
Submissions/Arguments
Petitioner argued that police failed to trace missing son despite lodging missing report. State submitted that police made best efforts, arrested accused, and filed charge-sheet.
Ratio Decidendi
When police have made best efforts to trace a missing person, including arresting accused and filing charge-sheet, but the person remains untraced, no further relief under Habeas Corpus is warranted; however, police must continue investigation.
Judgment Excerpts
Despite the best efforts of the Respondents, the whereabouts of the missing person could not be traced.
no useful purpose would now be served by keeping this Petition pending.
We, however, direct the Nirmal Nagar Police Station to continue with their investigation at tracing the whereabouts of the missing person.
Procedural History
Petitioner filed Criminal Writ Petition No.4450 of 2012 under Article 226 seeking Habeas Corpus. Rule issued and heard finally at admission stage. Court disposed of petition on 24 January 2014.
Acts & Sections
- Constitution of India: Article 226
- Indian Penal Code, 1860: Section 363, Section 34
