Patna High Court
PRITAM PASWANversusThe State of Bihar through the Principal Secretary, Administration Department, Bihar, Patna
- Decided
- Disposal
- DISPOSED
- Bench
- JITENDRA KUMAR
Holding
The writ petition is disposed; the Court does not direct the police to recover the missing girl and advises the petitioner to seek further relief from the Judicial Magistrate or file a fresh writ if dissatisfied.
Summary
The petitioner, Pritam Paswan, filed a writ petition seeking a court direction to the police to recover a missing minor girl reported missing on 5 August 2020 (Desari PS case No.200 of 2020). The petition, pending since 2023, alleged that despite numerous police appearances and counter‑affidavits, the girl remained unrecovered. The police contended that despite their best efforts the girl could not be traced but assured that a final report under Section 173 of the Criminal Procedure Code would be filed within a month. The Court held that it could not compel the police to recover the girl and directed the petitioner to approach the Judicial Magistrate for any further investigation or, if dissatisfied with the police performance, to file a fresh writ seeking a change of investigating agency. Consequently, the writ petition was disposed.
Issues considered
- Whether the High Court can direct the police to recover a missing minor girl
- Whether the petitioner is entitled to a writ directing further police action in the investigation
- Whether the petitioner may approach the Judicial Magistrate or file a fresh writ for change of investigating agency
Legislation cited
- Criminal Procedure Code — s. 173
Subjects
- missing minor
- police investigation
- Section 173 CrPC
- writ petition
- judicial review
- investigating agency
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Writ Jurisdiction Case No.1082 of 2023
Arising Out of PS. Case No.-200 Year-2020 Thana- DESARI District- Vaishali
======================================================
Pritam Paswan Son Of Late Prabhu Paswan Village- Taiyabpur Kharjama Ps-
Desari Dist- Vaishali
... ... Petitioner/s
Versus
1. The State Of Bihar Through The Principal Secretary, Administration
Department, Bihar, Patna
2. The Inspector General Of Police, Bihar, Patna
3. The Deputy Inspector General Of Police, Bihar, Patna
4. The Deputy Inspector General Of Police, Muzaffarpur
5. The Superintendent Of Police, Vaishali At Hajipur
6. The Deputy Superintendent Of Police, Mahnar Dist- Vaishali At Hajipur
7. The Officer In Charge, Desari Police Station, Dist- Vaishali At Hajipur
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Surendra Kishore Thakur, Advocate
For the State : Mr. Suman Kumar Jha, AC to AAG-3
======================================================
CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR
ORAL ORDER
11 18-06-2026 The present writ petition has been preferred by the
petitioner for direction to the respondents-police authorities to
recover the missing minor girl since 05.08.2020, in regard to
which even Desari P.S. Case No. 200 of 2020 has been
registered. But till date, the missing minor girl has not been
recovered.
2. This writ petition has been running since 2023.
Even several counter affidavits have been filed on behalf of the
police officials and even several Superintendents of Police have
appeared before this Court in person on several occasions.
Patna High Court CR. WJC No.1082 of 2023(11) dt.18-06-2026
2/2
3. The sum and substance of the reply on behalf of the
police officials is that despite their best efforts, they are unable
to trace the missing girl till date, but still they are making
further sincere efforts.
4. At this stage, learned counsel for the State/police
officials submits that the police is going to reach at conclusion
within next one month regarding the missing girl of the
petitioner and file a final form under Section 173 Cr.PC.
5. It is pertinent to point out that in the event of filing
of final form by the police within a month before the Judicial
Magistrate, if the petitioner is dissatisfied with the investigation
done by the police, he can move appropriate application before
learned Judicial Magistrate for further investigation or in case
he is dissatisfied with the performance of Bihar Police for
investigation, he would have liberty to file appropriate writ
petition before this Court for changing the investigating agency.
6. Accordingly, the present writ petition stands
disposed of.
(Jitendra Kumar, J)
shoaib/-
U T
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