Allahabad: The Allahabad High Court has recently criticized police apathy in missing person cases and directed the Director General of Police, Uttar Pradesh, to file an affidavit explaining the lack of progress in tracing a missing man from Varanasi.
Justices J.J. Munir and Anil Kumar-X made crucial observations regarding police accountability and the systemic issues plaguing law enforcement’s response to abduction cases.
The Court was hearing Criminal Misc. Writ Petition No. 11694 of 2025, filed by Nitesh Kumar, who sought help in tracing his brother, reportedly abducted on March 31, 2025. The FIR in the matter was registered on April 3, 2025. The Court noted, “The petitioner’s brother has been missing since 31.03.2025, when he was reportedly abducted. The F.I.R. in this case was lodged on 03.04.2025.”
Addressing broader systemic issues, the Court observed, “This is not the first case since morning where missing persons have not been traced out. We notice that the police are carving out a larger-than-life image for themselves while shielding themselves from receiving and attending to public grievances.”
Highlighting serious concerns over police accountability, the Court remarked, “The police generally exhibit apathy in such matters because no personal responsibility is fixed upon the officers, in consequence of whose inaction an abduction turns into a murder.”
In a critical observation, the Court added, “If, in consequence of an abductee not being traced out 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 report of abduction or kidnapping was made and later had fatal consequences because the victim was not recovered.”
When the case was listed again on June 12, 2025, before Justices Siddhartha Varma and Harvir Singh, the Court noted that despite a police team being constituted on June 7, 2025, following an earlier order, absolutely no progress had been made.
The Court underscored the lack of progress, stating, “When the case was taken up, absolutely no progress was brought to the notice of the Court.”
Expressing dissatisfaction, the bench further stated, “It is rather disgusting to note that after the team was constituted on 07.06.2025, till today, no progress has been reported by the police.”
In a directive aimed at ensuring accountability, the Court ordered: “On that date, the Director General of Police, Uttar Pradesh, after acquainting himself with the facts of the case, shall file an affidavit.”
Additionally, the Court directed: “A personal affidavit shall be filed by the Commissioner of Police, Varanasi, on or before the next date fixed, showing cause as to why the abductee has not been recovered so far.”
To ensure urgent compliance, the Court ordered: “This order be communicated to the Police Commissioner, Varuna (Commissionerate, Varanasi), District Varanasi through the learned Chief Judicial Magistrate, Varanasi, by the Registrar (Compliance) today.”
Mr. Shambhu Nath appeared for the petitioner, while the learned A.G.A. represented the State respondents.
Case Title: Nitesh Kumar Informant vs. State of U.P. and 3 Others
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