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Allahabad High Court Transfers Missing Person Investigation to CBI After Two Years of No Progress

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Allahabad High Court Transfers Missing Person Investigation to CBI After Two Years of No Progress

Despite Extensive Efforts, Uttar Pradesh Police Fail to Trace Missing Woman; Court Orders CBI to Take Over and Report Back with Findings


In a significant development concerning the disappearance of Sudama Devi, the Allahabad High Court has directed the Central Bureau of Investigation (CBI) to take over the probe after the Uttar Pradesh Police failed to trace her despite over two years of investigation. The order was passed on September 29, 2026, by Justice Sandeep Jain in Habeas Corpus Writ Petition No. 426 of 2026.


Sudama Devi has been missing since September 8, 2024. A missing person report was promptly registered on September 9, 2024, at the Puranderpur Police Station, Maharajganj District. However, despite numerous efforts by the local police, her whereabouts remain unknown. The prolonged lapse of time with no breakthrough prompted the High Court to intervene and transfer the investigation to the CBI, Ghaziabad.


During the hearing, the learned Additional Government Advocate for the State informed the court that despite the best efforts made, the police could not locate Sudama Devi. Personal affidavits from relevant police officials were taken on record. Given the failure of the state police to uncover any leads, the court deemed it necessary to entrust the investigation to a central agency with greater resources and expertise.


Respondent No. 5, representing the CBI, appeared before the court and was directed to assume charge of the investigation immediately. The CBI has been tasked with exhaustive efforts to trace and produce Sudama Devi before the court on December 1, 2026.


The court also mandated that all state authorities cooperate fully with the CBI by providing access to all records, evidence, and materials collected so far. This is aimed at ensuring a smooth and effective transition of the investigation.


Furthermore, the court issued a clear directive that if the CBI fails to trace and produce Sudama Devi by the next hearing, the Investigating Officer must file a personal affidavit detailing the steps taken, efforts made, and the reasons for any failure to locate the missing woman.


This case underscores the judiciary's active role in ensuring prompt and effective investigation in cases involving missing persons, particularly when the state's investigative machinery fails to deliver results within a reasonable time frame.


The matter is scheduled to be reviewed again on December 1, 2026, when the CBI will report on its progress.


Bottom Line:

Habeas corpus petition concerning missing corpus - Despite missing person report and lapse of more than two years, corpus could not be traced by State police - High Court transferred investigation to Central Bureau of Investigation and directed full cooperation by State authorities - CBI directed to trace and produce corpus before Court and, in case of failure, Investigating Officer to file personal affidavit disclosing steps taken.


Statutory provision(s):

Constitution of India, 1950 Article 226 (Habeas Corpus)


Sudama Devi (Corpus) v. State of U.P., (Allahabad) : Law Finder Doc Id # 2991093

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