Such Complaints Shall Be Promptly Registered: Karnataka High Court Issues Directions To Police Authorities While Investigating Cases Of Missing Persons

The Karnataka High Court has issued certain directions to be complied with by the police authorities while investigating cases of missing persons.

The Dharwad Bench was hearing a Writ Petition filed by a father seeking for a Writ of Habeas Corpus, directing the police authorities to produce his detenue daughter before the Court.

A Division Bench comprising Justice S.G. Pandit and Justice C.M. Poonacha issued the following directions –

A. The complaint pertaining to missing persons shall be promptly registered and the concerned statutory authority/ies after specifically noticing as to whether the complaint pertains to a missing woman/minor or any other person shall take suitable action in that regard including intimating the same to the jurisdictional AHTU;

B. No complainant seeking to lodge a complaint of a missing person shall under any circumstances be turned away by any of the Police Authorities and every such complaint shall be attended to immediately and requisite action in that regard is to be taken, including suggesting to the complainant further possible measures that may be availed.

C. No complaint should be refused to be registered on the ground that the concerned Police Station does not have the jurisdiction to deal with the same and information regarding the complaint ought to be immediately transmitted to the jurisdictional AHTU with instructions that a complaint is to be registered by the concerned jurisdictional Police Station for taking further action in the matter or any other website that has been created for the said purpose;

D. Forensic evidence of the family members of the missing person to be secured to enable the investigating authorities to compare through DNA analysis, in case the mortal remains of the person be located subsequently;

E. A recent photograph of the missing person is to be collected and copies of the same are to be circulated to the AHTU, CID, National Crime Records Bureau, etc.

F. The details of the missing persons complaint shall be circulated electronically to the Beat Police Personnel as also Mobile Police Units like, Hoysala, etc., within 24 hours of a complaint being registered.

G. The details of the missing persons (after obtaining necessary consent in that regard) be published in recognized daily newspapers as well as periodicals, daily/weekly/bi-monthly, as also through audio and video news networks.

H. The details of the missing persons complaint shall be uploaded on various portals of Union Government and the State Government as also similar portals of the other State Governments. A chart containing the same is set out herein, so as to indicate the various portals, and the Police Authorities shall be required to update the same periodically.

I. The Investigating Officer shall also report the matter to the CID of the State Government so as to explore the possibility of an inter-state ramification vis-à-vis the missing complaint.

Advocate Mallikarjunswamy B. Hiremath appeared for the Petitioner while Additional Advocate General (AAG) Gangadhar J.M. appeared for the Respondents.

Factual Background

The detenue i.e., Petitioner’s daughter was working as an Accountant Aukshavanta Arogyalaya, Hubli since 2021. In 2023, she visited her parents’ residence and informed that she left her job and was working at Vishnu Agro Oil Industry. She stayed there for two days and then left for Hubli. The Petitioner dropped her to the bus stand.

The next day, both phone numbers of the detenue were switched off and the parents were not able to contact her. They went to Hubli and made enquiries, despite which, they were unable to trace their daughter. Being left with no other alternative, they lodged a Police complaint. As the police authorities could not trace her, the Petitioner filed the Writ Petition before the High Court.

Court’s Observations

The High Court after hearing the arguments from both sides, observed, “It is noticed that the State Government has maintained a website for furnishing details of the missing persons, which is denoted as ‘Citizen Central Police’. However, it is noticed that the said website is not user friendly and details of the present case also is not forthcoming in the said website.”

The Court directed the State Government to issue an appropriate comprehensive circular/notification to ensure compliance of the directions issued, by also incorporating aspects as set out in the Standing Order, the Standard Operating Procedure for Cases of Missing Children issued by the Government of Delhi, the SOP issued by the Ministry of Women and Child Development and the Standing Order titled as “Procedure To be Followed On Receipt of Cases About Missing Children Persons & Incentive to Police Personnel For Recovery of Missing Children” issued by the Delhi Police, as also taking into account circulars/SOPs/notifications issued by the Union and State Governments.

“The State Government while issuing the said circular is also required to specify any special steps/measures to be taken in the case of a complaint with regard to a missing woman/minor while also dealing with the cases of other missing person. The State Government, in the said circular / notification shall also mandate compliance of the same by the police authorities while investigating a missing persons complaint by stipulating that if the police authorities do not follow the directions, the concerned officer/s shall be liable to face appropriate disciplinary proceedings in accordance with the relevant service rules”, it added.

The Court further directed that every case of missing persons wherein the missing person has not been found or the mortal remains of the missing person having not been recovered for more than two months, the said case shall be placed before a Committee consisting of the following officers –

i. Inspector General of Police of the particular Range;

ii. Superintendent of Police of the concerned District; and

iii. The Deputy Superintendent Of police of the jurisdictional Police Station.

“The Committee shall review the investigation already done in the case placed before it and shall oversee further investigation in the matter and ensure compliance of various directions issued by the Hon’ble Supreme Court and this Court as also compliance of the Circulars and SOPs issued by the Central and State Governments”, it also ordered.

Conclusion

The Court clarified that the Committee shall forward a report with regard to the investigation already carried out and the further steps to be taken to investigate the missing persons complaint to the Registrar (Judicial)/Additional Registrar (Judicial) as the case may be within two weeks of the case being referred to it.

“The Registrar (Judicial)/ Additional Registrar (Judicial) shall ensure listing of the matter before the Court together with such reports received by the Committee immediately upon its receipt. … the third respondent – Police Sub-Inspector, Yellapur, shall file an affidavit reporting the status of the investigation after specifically noticing the directions issued at para 33 herein above”, it concluded.

Accordingly, the High Court issued necessary directions and listed the case for next hearing on October 15, 2025.

Cause Title- Ramakrishna S/o Subray Bhat v. The Director General of Police and Others (Case Number: WPHC NO.100012/2024)

Click here to read/download the Order