Court directs Central Bureau of Investigation to take over case after local police's failure to conduct fair inquiry into missing person with criminal background; CBI to submit preliminary report within three weeks.
In a significant ruling delivered on August 31, 2026, the Allahabad High Court expressed serious dissatisfaction with the handling of the investigation into the disappearance of Muttliv, a history-sheeter with over thirty criminal cases registered against him. The Court, presided over by Justices Atul Sreedharan and Achal Sachdev, directed the Central Bureau of Investigation (CBI) to take over the probe from the local police of Muzaffarnagar district, citing the local police's casual and ineffective approach.
Muttliv was released on bail on May 4, 2026, following an order dated December 17, 2025, from the same Court. However, upon his release, he and his father were detained by the Police Station Purkajipur, but while the father was released on May 7, Muttliv disappeared, prompting his brother Alam to file a habeas corpus writ petition seeking his production.
The State claimed that upon Muttliv's release, police searched for him to execute a non-bailable warrant issued in Session Trial No. 1344 of 2012. However, contradictory dates regarding the issuance and receipt of the warrant surfaced, casting doubts on the police's transparency. The Court noted manipulation in police records, including the scratching out of dates related to the warrant, which the Station House Officer (SHO) admitted was due to the constable's negligence, though no inquiry or disciplinary action had been initiated.
The Court was particularly critical of the police's efforts following its earlier direction on August 11, 2026, to actively investigate Muttliv's whereabouts. Despite formation of a special police team, investigation efforts were limited to pasting Muttliv's photographs at public places without recording statements from friends, relatives, neighbors, or known associates, indicating a lack of earnestness.
Recognizing two possible scenarios - either Muttliv is deceased and concealed by the police or he is deliberately hiding to evade justice - the Court emphasized the imperative need for a conclusive investigation. It underscored that if Muttliv is dead, the police must be held accountable under relevant laws, and if alive, he must be apprehended.
Given the local police's apparent incompetence or deliberate delays, the Court ordered the transfer of the entire investigation to the CBI. The CBI was instructed to take over the case diary, carry out an unbiased and thorough investigation, and submit a preliminary report within three weeks. The District authorities were mandated to provide full assistance to the CBI to ensure a fair inquiry.
This judgment highlights the Court's stern stance on accountability and the necessity for impartiality in criminal investigations, especially involving vulnerable persons with complex criminal backgrounds. It also underscores the judiciary's role in safeguarding citizens' rights against lapses by law enforcement agencies.
Bottom Line:
Habeas Corpus - Investigation into the disappearance of a history-sheeter - Failure of local police to conduct an unbiased and effective investigation - Central Bureau of Investigation (CBI) directed to take over the case to ensure a fair and impartial inquiry.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 482, Section 173
Muttliv v. State of U.P., (Allahabad)(DB) : Law Finder Doc Id # 2972539
