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HIGH COURT OF DELHI
Date of Decision: 08th September, 2025.
RAJENDER MISHRA .....Petitioner
Through: Mr. Deepak Mishra and Mr. Abhishek K., Advocates.
Through: Mr. Sanjay Lao, Standing Counsel
Rohilla.
HON'BLE MR. JUSTICE MANOJ JAIN MANOJ JAIN, J (ORAL)
JUDGMENT
1. The present petition has been filed under Article 226 of Constitution of India and petitioner seeks direction to trace and produce his minor son who is missing since 24.01.2025.
2. According to petitioner, his son used to work at a jewelry shop situated at Greater Kailash, Delhi and was staying at Harijan Basti, Sarai Rohilla for last few days with his relative namely Sumit Mishra.
3. According to petitioner, he learnt about some scuffle between his son and Sumit Mishra and contends that his son is missing since then only.
4. Since petitioner suspected role of Sumit Mishra, he reported the matter to police for necessary investigation.
5. His grievance is that despite the fact that the key information had been duly provided to the Police and the Mobile Phone of his son had also been W.P.(CRL) 1290/2025 2 recovered, there is no headway in the investigation. He submits that the FIR was registered on 04.03.2025 which was not only a belated one, but also a paper formality and in the abovesaid backdrop, the present petition has been filed seeking directions to State to produce his minor son and to conduct investigation in a fair and time-bound manner.
6. The status report indicates that the Police are making all the requisite efforts in order to trace the missing boy.
7. In order to reach to the root of the matter, after analyzing the call details record (CDR), a request was made before the learned Magisterial Court to conduct polygraphy test of the suspect and such permission was granted by the Court. Armed with such permission, the polygraph test has already been conducted.
8. Copy of status report and polygraph test have also been shown during the proceedings.
9. Let it be made part of record.
10. A copy, thereof, be also supplied to learned Counsel for petitioner.
11. Based on the allegations made by the petitioner herein, FIR NO. 114/2025 under Section 137 (2) Bhartiya Nyaya Samhita, 2023 has already been registered by PS Sarai Rohilla and earnest efforts are being made by the Police for tracing out the missing boy by uploading information on ZIPNET, NCRB, SCRB, Doordarshan etc.
12. In light of the aforesaid and since FIR is pending investigation, we hereby dispose of the present writ petition directing the concerned police officials to carry on further investigation effectively and to make best efforts to trace out the missing boy and to file a monthly status report before the W.P.(CRL) 1290/2025 3 concerned learned Judicial Magistrate with advance copy to petitioner. If any clue is found about the minor son of the petitioner, the same be communicated to the petitioner, forthwith.
13. The SHO of the concerned Police Station is also further directed to transfer the case to the Anti-Human Trafficking Unit (AHTU), Crime Branch and said Branch shall submit status report, as indicated above, before the concerned learned Judicial Magistrate on monthly basis.
14. With the directions as aforesaid, the petition stands disposed of.
MANOJ JAIN, J VIVEK CHAUDHARY, J SEPTEMBER 8, 2025