Oral Order

N.S. Sanjay Gowda, J.

Natubhai Parubhai Amaliyar has filed this petition contending that his daughter Kamla aged about 17 years went missing. He submits that his 17 years old daughter has probably eloped with respondent no.4 and despite a complaint being given by him, the police is unable to trace the corpus. He has therefore, filed this writ petition to cause the production of his daughter.

This writ petition has been filed in the year 2022 and for the past three years a series of orders have been passed directing the authorities to conduct the investigation in the matter. As a matter of fact, the DGP, and the CID, Crime was directed to supervise the investigation and trace the missing girl, however, the State has been unable to secure the corpus.

An affidavit-in-reply dated 08/08/2024 has been filed by the Police Inspector narrating the steps taken by the police to trace the corpus and the accused. The affidavit indicates that the public broadcast was issued for getting information regarding the corpus but no clue has come up. Call Detail Records of the individuals connected with the corpus and the suspect were also examined to secure potential leads and gather relevant information. Despite analysis of the CDRs, the police is unable to secure any detail. It is also stated that LVA (Layered Voice Analysis) and SDS (Scientific Deception System) tests were conducted at the FSL (Forensic Science Laboratory) on the sister, brother-in-law and brother of the suspect and voice analysis and deception tests were performed on the immediate family members of the suspect but they were unable to get any detail. It has borne out from the affidavit that the family members of the suspect are also unaware about the suspect's whereabouts. It is also stated that efforts were made to get necessary information from mobile numbers and IMEI numbers but no information was gathered.

Today, additional affidavit dated 06/01/2026 been filed narrating the facts that once again the intensive field investigation conducted and the investigation through human intelligence conducted and it is elaborately stated that LVA and SDS tests of the brother, the sister and the brother-in-law of the suspect as well as sister of the corpus has been conducted but the same are not helpful. It is also stated that LVA and SDS tests of one Hasmukhbhai Sindhave was made and the result suggested that he had knowledge of the elopement but was not currently aiding or hiding the corpus as well as the suspect.

The additional affidavit also suggests that no financial transaction of the suspect's account has been conducted.

It is stated that one Mahant namely Hansgiribapu Gurugajanandgiri of Aanand Ashram, Nakhatrana was interrogated and he had identified the suspect and has stated that they came about three years ago but they were not allowed to stay at Ashram.

The additional affidavit also indicates that a warrant under Section 70 of the Criminal Procedure Code was issued by the Chief Judicial Magistrate, Ahmedabad on 03/07/2025 in connection with the FIR that has been registered. It is also stated that the public notice was also published on 06/07/2025 with regard to the suspect in the 'Divya Bhaskar' newspaper.

The assertions are made of by the investigating authorities to secure the whereabouts of the suspect who was engaged in labour work but the authorities were unable to secure any fruitful result. Efforts have also been made to ensure whether any Amrut Card or Aayushyaman Card are being issued but not received any fruitful data. Efforts were also made to examine whether the corpus and the suspect got married but there was no information regarding any marriage. It is also stated that the NATGRID (National Intelligence Grid) was also utilized to secure any possible information but that also did not yield any result.

In light of the assertions of the affidavits, it is established that the corpus has not been illegally detained since last three years by the suspect since it is found that the corpus and the suspect had visited the Mahant three yeas ago and they had thereafter left.

The fact remains that the investigation is currently underway and yet to be concluded. Since it is established that the corpus is not under the illegal confinement of the suspect or any other person, present petition would not be maintainable.

However, having regard to the fact that the daughter of the petitioner has been missing since year 2022 and the FIR is registered to that effect, we direct the police to continue the investigation and ensure that the corpus be secured. The petitioner is at liberty to make efforts in this regard and if any such information is furnished to the police, the police shall take immediate steps to act upon the same.

Subject to the aforesaid, present writ petition is dismissed.