Supreme Court directs transfer of investigation to Delhi Police, in 13 year old missing minor case

  • Gautam Mishra
  • 11:57 AM, 07 Sep 2021

The Supreme Court has directed the transfer of investigation in the 13-Year-old minor missing girl case to the Delhi Police and further directed the Delhi Police to protect the girl from any unexpected situation.

A bench of Justice AM Khanwilkar, Justice Hrishikesh Roy and Justice CT Ravikumar was informed that the girl has married and she herself said before the AIIMS that She is 17 years old.

The bench was hearing a plea filed by the mother of a 13-year-old who is missing since July 8, 2021, alleging that despite filing an FIR with Gorakhpur Police and making efforts to file a complaint with the Delhi Police, no action has been taken to date to trace the minor girl as the girl used to work as house help in Delhi.

Later, Delhi Police had informed the Court that they have found the 13-year-old girl missing for the last 2 months in Kolkata and have also arrested the kidnapper after the apex court directed the Uttar Pradesh Police to hand over the case files.

Additional Solicitor General RS Suri appearing for the Delhi Police said that the Girl has been provided counseling and has married the boy, whereas, custody has been given to the Gorakhpur Police for presenting before the Magistrate.

Advocate Amit Pai further informed the Court that the girl has also tested positive in her pregnancy test. "Whatever the case may be, she is a minor," Pai added.

However, the bench accepting the suggestion of Suri to transferred the investigation to the Delhi Police, Malviyanagar Police Station to which Counsel appearing for the UP Police had no objection. The Court further appointed Senior Advocate Vishwanathan to represent the Girl before the Court.

The Court has posted the matter for further hearing on next Tuesday.

Background: 

The bench was hearing a plea filed by the mother of a 13-year-old who is missing since July 8, 2021, alleging that despite filing an FIR with Gorakhpur Police and making efforts to file a complaint with the Delhi Police, no action has been taken to date to trace the minor girl as the girl used to work as house help in Delhi.

Advocate Anuvrat Sharma appearing for the Uttar Pradesh Police submitted that efforts are being made to investigate the case. The girl is suspected to be in West Bengal, Sharma informed the Court.

Whereas, ASG RS Suri along with Advocate on Record Swarupama Chaturvedi appearing for the Delhi Police said that they are not considering the matter as adversarial. Later, the bench directed the Gorakhpur Police to share files related to the case with the Delhi Police by tomorrow.

The plea submits, "That despite the Petitioner’s complaint, the police officials at the said police station in Gorakhpur failed to take any steps to locate the Petitioner’s minor daughter.

That the Petitioner returned to Delhi, to continue looking for her minor daughter, and again approached the same police station at Malviya Nagar, where the Petitioner had complained regarding the accused on a previous occasion. That, although the police officials are well aware of the case of the Petitioner, not only did the Police officials fail to come to the rescue of the Petitioner’s but they even refused to register or take any steps towards recording the Petitioner’s complaints with respect to the kidnapping of her minor daughter, on the grounds that a prior FIR had been registered in the Gorakhpur, Police Station."

 

Case Title: Neelam Kanojia Vs. The State of Uttar Pradesh and Anr.

Also Read: Delhi Police succeeds in finding 13 year old missing girl after Top Court directed UP Police to handover investigation files

Also Read: Supreme Court directs UP Police to handover case files to Delhi Police in a 13 year old Minor girl kidnapping case