JUDGMENT : 1. By this writ application under Article 226 of the Constitution of India, the writ applicant has prayed for the following reliefs: “9(A) Your Lordships may be pleased to allow this application; (B) Your Lordships may be pleased to transfer the investigation of FIR being ICR No. 163/2014 dated 04/10/2014 lodged at Kagdapith Police Station and from CID Crime to the Central Bureau of Investigation with regards to the missing daughter 'Jaldhi' who is missing since 04/10/2014. (C) Your Lordships may be pleased to call for the record from the investigating agency. (D) Your Lordships may be pleased to pass such other and further orders or relief as may be deemed, proper in the interest of justice.” 2. The case of the writ applicant, as pleaded in the writ petition, is as under: “4.1 The petitioner states that his daughter Jaldhi (aged: 16 years) along with her friend Neha Bhimsen Kuswah had left for their tuition classes in the afternoon at about : 4 p.m. on 04/10/2014. That since the late evening when she did not returned home, the petitioner contacted Neha's parents who in turn also were searching for their daughter. That thereafter an FIR of missing Neha and Jaldhi came to be lodged by Sonalben Kushwah (mother of Neha) at Kagdapith Police Station, Ahmedabad on 04/10/2014. 4.2 The petitioner further states that the petitioner had tried his level best to search the whereabouts of both the missing girls, bu he failed to do so and all of a sudden after 4 days, Neha who along with “Jaldhi” was missing since four days returned to her home in the early hours at around 5 a.m. on 08/10/2014. 4.3 It is pertinent to note that Neha's mother Sonal Khushwa was a joint complainant to the said missing complaint however she did not bother to inform the petitioner nor the police that their daughter had returned back home. When the petitioners came to know about this they immediately rushed to meet Neha to ask about Jaldhi's whereabouts but Neha instead of giving information regarding their missing and return of Neha to her home, kept on giving evasive replies to the petitioner and his wife. Later also the petitioner and his wife went to meet Neha as they were now getting more worried about Jaldhi. Later also the petitioner and his wife went to meet Neha as they were now getting more worried about Jaldhi. However Neha did not give appropriate answers but instead at all times her version of stories about Jaldhi and Neha leaving hoke and then Neha's return and Jaldhi yet missing, appears to be absolutely false and she is hiding the facts from the petitioner and his wife. When the petitioner's wife and his family inquired Neha with regards to the said variations in her statements, to the shock and surprise of the petitioner, mother of Neha, Sonalben threatened the petitioner and his wife to leave their place or else they will commit suicide or file a complaint against the petitioner. 4.4 The petitioner states that they were shocked at the behavior and non-cooperation on the part of Neha and her mother Sonalben. Apprehending something very serious, the maternal Aunt of Jaldhi being Dixita Kiritbhai Trivedi, filed a complaint against Sonalben Kushwahmother of Jaldhi in Mahila police Station on 21/10/2014. The petitioner further states that no effective actions are taken by Mahila Police Station in that regard. 4.5 That the petitioner has made multiple representation to the State Authorities, officers, Ministers but since all the attempts of the petitioner went in vain, the petitioner filed a habeas corpus petition before this Hon'ble Court being Special Criminal Application No.5061 of 2014. That this Hon'ble Court was pleased to transfer the investigation of the case i.e. FIR being I CR No.163/2014 lodged with Kagdapith Police Station to the respondent No.2. 4.6 The petitioner states that time and again the petitioner has approached the respondents to inform the Investigating Officer about some very important aspects/persons related to the said matter and investigating on that line might prove to be vital in finding his daughter. 5. It is respectfully stated that the daughter of the petitioner Jaldhi along with her friend Neha, had gone missing on 04/10/2014 and that Neha, returned back to her home on 08/10/2014, and that the daughter of the petitioner has not been traced out yet. 5. It is respectfully stated that the daughter of the petitioner Jaldhi along with her friend Neha, had gone missing on 04/10/2014 and that Neha, returned back to her home on 08/10/2014, and that the daughter of the petitioner has not been traced out yet. That despite the investigation being transferred to CID Crime (Women Cell) by virtue of the order of this Hon'ble Court dated 8-9-2015, no effective steps have been made by the respondents and hence, the petitioner is left with no other option, therefore, the petitioner father after waiting for more than one and half years, once again came before this Hon'ble Court by filing Special Criminal Application (Habeas Corpus) No.3457 of 2016, wherein the government agency CID Crime filed action taken reports while the matter was pending before this Hon'ble Court but there after the matter was disposed of vide order dated 08/11/2016 since then the Govt. agency of CID Crime again petitioner father remained with no other option rather to approach this Hon'ble Court by way of the present petition. Hence the present petition.” 3. Ms. Roma Fidelis, the learned counsel appearing for the writ applicant submitted that it has been almost three years, but the whereabouts of the daughter of the writ applicant are not known. According to Ms. Fidelis, the Investigating Agency failed to consider the following: “[i] The respondent authorities failed in carrying out proper investigation to get the correct facts with regards to Neha's statement qua their outing when they were away from their houses. [ii] The petitioner respectfully submits that the respondent authorities have not properly interrogated Neha and her mother Sonalben Lushwa though there are contradictions, improvements and variations in there statements and their acts create suspicion and doubt. [iii] The petitioner respectfully submits that fatehr of Neha is a chat (Pani Puri) vendor and that their financial condition is weak. As Neha and Jaldhi were close friends, the petitioner at the request of Jaldhi used to sponsor (through temple) her books, uniform and tuition fees. However, surprisingly after Neha's return on 8-10-2014, the final condition of Neha's family has improved a lot. Just in a span of one year they purchased Activa, LED TV, Washing Machine, etc. which creates doubt on their behavior and conduct. However, surprisingly after Neha's return on 8-10-2014, the final condition of Neha's family has improved a lot. Just in a span of one year they purchased Activa, LED TV, Washing Machine, etc. which creates doubt on their behavior and conduct. [iv] That the respondents have failed to investigate into the matter by using call and message details of Jaldhi, Neha, Hafi, Zenab, Wasim and other close friends and also from the media like face book, etc. The investigating agency is not actively investigating into the mater taking into consideration all the evidence available on record, at this stage. [v] That even after missing of Jaldhi, she was logged on face book for some time and the investigating agency is not looking into this vital aspect from which server she has logged on face book for some time after her missing from the house. [vi] That several notes recovered by the prosecution from the school bag of Jaldhi with regard to suicide, and the letter addressed to Neha in her own handwriting creates suspicion and undoubtedly reveals some onces influence on her and well planned conspiracy.” 4. According to Ms. Fidelis, the case is one of human trafficking. A minor girl is missing past three years in suspicious circumstances. 5. In such circumstances referred to above, Ms. Fidelis prays that the investigation should be transferred to the C.B.I. 6. Mr. Rakesh Patel, the learned Additional Public Prosecutor appearing for the State submitted that all possible steps are being taken to trace the whereabouts of the daughter of the writ applicant. He submitted that it is not that the investigation is not proceeding in the right direction, but, despite best of the efforts, the Investigating Agency has not been able to make any headway. 7. I take notice of one order passed by a Division Bench of this Court dated 8th September 2015 in the Special Criminal Application No.5061 of 2014 in connection with this matter. The order is extracted hereunder: “[1.0] The present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner-father of the corpus for writ of habeas corpus directing the concerned respondents, more particularly, respondent no.2 to produce his minor daughter Jaldhi before this Court. The order is extracted hereunder: “[1.0] The present Special Criminal Application under Article 226 of the Constitution of India has been preferred by the petitioner-father of the corpus for writ of habeas corpus directing the concerned respondents, more particularly, respondent no.2 to produce his minor daughter Jaldhi before this Court. [2.0] It is alleged that his minor daughter Jaldhi and her friend Neha went missing since 04/10/2014 but after filing of the Complaint by Nehas mother she returned back on 08/10/2014 but the daughter of the petitioner did not come back and is missing since 04/10/2014. [3.0] Shri Himanshu Patel, learned APP has appeared on behalf of respondents nos.1 to 3. He has stated that FIR, being I CR No.163/2014, has been lodged with Kagdapith Police Station for the offences punishable under Sections 363 and 366 of the Indian Penal Code. On behalf of the Investigating Officer of Kagdapith Police Station, number of reports have been filed pointing out the steps taken by him to find out and/or trace out the whereabouts of the missing corpus, however, all sincere efforts by him have failed. It is submitted that still efforts are being made. [4.0] Having heard the learned advocates appearing on behalf of the respective parties and considering the fact that the minor daughter of the petitioner herein is reported to be missing since 04/10/2014 and all efforts by the Investigating Officer, Kagdapith Police Station to trace out and/or find out the corpus have failed, we deem it fit to transfer the investigation of FIR, being I CR No.163/2014 lodged with Kagdapith Police Station to CID (Crimes), Woman Cell, Gandhinagar with a direction to the CID (Crimes) to make all sincere efforts to trace out and/or find out the corpus. [5.0] Under the circumstances, we dispose of the present Special Criminal Application at this stage by directing to transfer the investigation of FIR, being I CR No.163/2014 lodged with Kagdapith Police Station by the petitioner herein to CID (Crimes), Woman Cell, Gandhinagar within a period of one week from today. All sincere efforts shall be made by the CID (Crimes), Woman Cell to trace out and/or find out the whereabout of the corpus-Jaldhi. [6.0] With this, the present Special Criminal Application is disposed of at this stage. All sincere efforts shall be made by the CID (Crimes), Woman Cell to trace out and/or find out the whereabout of the corpus-Jaldhi. [6.0] With this, the present Special Criminal Application is disposed of at this stage. However, liberty is reserved in favour of the petitioner herein to file a fresh petition for the same subject matter in case necessity so arises in future and if within the reasonable time the corpus is not traced out, however, not before 31/12/2015. It goes without saying that if during that period the corpus is traced out and/or found out, she shall be produced before this Court forthwith with prior intimation to the petitioner.” 8. I also take notice of one another order passed by a Division Bench of this Court dated 8th November 2016 in the Special Criminal Application No.3457 of 2016 in connection with this matter. The order is extracted hereunder: “1. This petition has been filed by the petitioner, seeking writ of habeas corpus. It is prayed by the petitioner that his daughter Jaladhi has been missing since 04.10.2014. The petitioner had an occasion to file a petition before this Court. This Court by an order dated 08.09.2015, disposed of Special Criminal Application 5061 of 2014 with the direction that C.I.D (Crimes), Woman Cell, Gandhinagar shall put in all sincere efforts to trace out the girl i.e. the missing daughter. In view of the fact that Jaldhi has still not been traced out, the petitioner had to approach this Court once again by way of this petition. 2. Time and again Status Reports have been produced by the learned APP, which reveals the fact that the police is making sincere efforts to trace out Jaldhi. It is expected that the Police will continue to make efforts to trace out Jaldhi. As and when she is traced out or that the petitioner has some clue with regard to Jaldhi, the petitioner and the police authorities will coordinate accordingly. In case, the missing daughter of the petitioner Jaldhi is not traced out in due course, it will be open for the petitioner to seek liberty to revive the present petition or file appropriate proceedings before this Court. The petition is disposed of with the aforesaid observation.” 9. In case, the missing daughter of the petitioner Jaldhi is not traced out in due course, it will be open for the petitioner to seek liberty to revive the present petition or file appropriate proceedings before this Court. The petition is disposed of with the aforesaid observation.” 9. In Manu Sharma vs. State (NCT of Delhi) [ (2010) 6 SCC 1 : ( AIR 2010 SC 2352 : 2010 AIR SCW 4302)], the Supreme Court has elaborately dealt with the requirement of fair investigation observing as under : "...... The criminal justice administration system in India places human rights and dignity for human life at a much higher pedestal. In our jurisprudence an accused is presumed to be innocent till proved guilty, the alleged accused is entitled to fairness and true investigation and fair trial and the prosecution is expected to play balanced role in the trial of a crime. The investigation should be judicious, fair, transparent and expeditious to ensure compliance with the basic rule of law. These are the fundamental canons of our criminal jurisprudence and they are quite in conformity with the constitutional mandate contained in Articles 20 and 21 of the Constitution of India.... It is not only the responsibility of the investigating agency but as well as that of the courts to ensure that investigation is fair and does not in any way hamper the freedom of an individual except in accordance with law. Equally enforceable canon of the criminal law is that the high responsibility lies upon the investigating agency not to conduct an investigation in tainted and unfair manner. The investigation should not prima facie be indicative of a biased mind and every effort should be made to bring the guilty to law as nobody stands above law dehors his position and influence in the society.... The Court is not to accept the report which is contra legem (sic) to conduct judicious and fair investigation.... The investigation should be conducted in a manner so as to draw a just balance between citizen's right under Articles 19 and 21 and expansive power of the police to make investigation.....". 10. The Court is not to accept the report which is contra legem (sic) to conduct judicious and fair investigation.... The investigation should be conducted in a manner so as to draw a just balance between citizen's right under Articles 19 and 21 and expansive power of the police to make investigation.....". 10. It is a now settled law that if a citizen, who is a de facto complainant in a criminal case alleging commission of a cognizable offence affecting violation of his legal or fundamental rights against influential persons, prays before a High Court for a direction of investigation of the said alleged offence by the C.B.I., such prayer should not be granted on mere asking. 11. The Constitutional Bench of the Apex Court in the case of State of West Bengal and others vs. Committee for Protection of Democratic Rights, West Bengal reported in [2010] 6 SCC 571, has made the following observations pointing out the situations where the prayer for investigation by the CBI should be allowed: “In so far as the question of issuing a direction to the CBI to conduct investigation in a case is concerned, although no inflexible guidelines can be laid down to decide whether or not such powers should be exercised, but time and again it has been reiterated that such an order is not to be passed as a matter of routine order merely because a party has levelled some allegations against the local police. This extraordinary power must be exercised sparingly, cautiously and in exceptional situations where it becomes necessary to provide credibility and instill confidence in investigations or where the incident may have national or international ramifications or where such an order may be necessary for doing complete justice and enforcing the fundamental rights. Otherwise the CBI would be flooded with large number of cases and with limited resources, may find it difficult to properly investigate even serious cases and in the process lose its credibility and purpose with unsatisfactory investigations. (Emphasis supplied). 12. In the above decision, it was also pointed out that the same Court in Secretary, Minor Irrigation & Rural Engineering Services, U.P. vs. Sahngoo Ram Arya & Anr. (Emphasis supplied). 12. In the above decision, it was also pointed out that the same Court in Secretary, Minor Irrigation & Rural Engineering Services, U.P. vs. Sahngoo Ram Arya & Anr. [( 2002 5 SCC 521 ], had said that an order directing an enquiry by the CBI should be passed only when the High Court, after considering the material on record, comes to the conclusion that such material does disclose a prima facie case calling for an investigation by the CBI or any other similar agency. 13. It appears that the Investigating Agency constituted for the purpose of investigating into the present matter has failed to deliver. 14. In such circumstances, the investigation of the First Information Report being IC. R. No.163 of 2014 dated 4th October 2014 lodged at the Kagdapith Police Station, Ahmedabad, is hereby transferred to the Central Bureau of Investigation. The Central Bureau of Investigation is directed to take charge of the investigation immediately and carry out the necessary investigation so as to ascertain the whereabouts of the daughter of the first informant. The existing Investigating Agency is directed to hand over all the papers relating to the investigation so far done to the C.B.I. The case prima facie is one of human trafficking. The investigation should be taken up by the C.B.I. very seriously. One does not know in what condition the daughter of the writ applicant must be as on date. One is not sure whether she is still alive or has been killed. She might have been forced into prostitution, etc. This is something very serious and I am not satisfied with the report placed on record to show that all possible steps are being taken to find out the missing girl. 15. With the above, this writ application is disposed of. Direct service is permitted. 16. The Registry shall notify this matter after a period of two months to report further progress in the matter.