Prayagraj: The Allahabad High Court has issued a strongly worded order criticizing police apathy in handling missing person cases, emphasizing the urgent need for accountability and proactive investigation in abduction matters.
A Division Bench comprising Justice J.J. Munir and Justice Anil Kumar-X made significant observations regarding police negligence and its potentially fatal consequences for victims.
The court was hearing a writ petition filed by Nitesh Kumar, whose brother went missing after being allegedly abducted on March 31, 2025. The court remarked, “This is not the first case today where missing persons have not been traced. We notice that the police are carving out a larger-than-life image for themselves, shielding themselves from receiving and attending to public grievances.”
Referring to the timeline, the court noted, “In this case, the petitioner’s brother has been missing since 31.03.2025, when he was reportedly abducted. The FIR was lodged only on 03.04.2025.”
Highlighting the dire consequences of police inaction, the court observed, “The police generally exhibit apathy in such matters because no personal responsibility is fixed upon officers whose inaction may result in an abduction turning into a murder.”
In a significant directive aimed at establishing accountability, the court stated, “If, as a result of an abductee not being traced in good time, the victim is killed, the responsibility, prima facie, has to be fixed upon the head of the police under whose jurisdiction the abduction report was filed and later resulted in fatal consequences due to inaction.”
The court directed the Commissioner of Police, Varanasi, to file a personal affidavit explaining why the abductee has not yet been recovered. The matter is listed for further hearing on June 12, 2025.
Emphasizing the need for swift action and personal accountability in abduction cases, the court also granted the State of Uttar Pradesh one week to file a counter affidavit. Notice was directed to be served upon the fourth respondent through the Chief Judicial Magistrate, Varanasi, within 24 hours.
Mr. Shambhu Nath appeared for the petitioner, while the Government Advocate represented the State of Uttar Pradesh.
Case Title: Nitesh Kumar Informant vs. State of U.P. & 3 Others
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