In a recent decision by the Bombay High Court, a man missing since 2003 has been officially declared presumed dead. This decision changes an earlier court ruling and brings closure to a long-standing case.
Vishwesh Dogra Suvarna, the son of Mr. Dogra Venkappa Survarna, filed an appeal in the Bombay High Court. His father had been missing since April 8, 2003, after leaving for a medical check-up. Despite efforts, including police reports and newspaper ads, he remained untraceable.
The initial decision on October 31, 2015, rejected Vishwesh Dogra Suvarna's request to declare his father dead. The trial court said there wasn't enough proof about any memory loss or other family members. However, they recognized the missing person report and other documents like the birth certificate, passport, and ration card.
"The trial court accepted that Vishwesh Dogra Suvarna has submitted the complaint made with the Police Authorities."
The appeal, heard by Judge Jitendra Jain on January 29, 2026, focused on whether the trial court was right in its decision. Vishwesh's lawyer argued that under a section of the Indian Evidence Act, a person not heard from for seven years can be presumed dead.
Vishwesh provided several documents to support his case: - Police Certificate: Confirmed Mr. Dogra Venkappa Survarna's missing status since November 26, 2011. - Newspaper Ads: Published in Marathi and Kannada papers seeking information. - Legal Documents: Birth certificate from Karnataka, passport from the Union of India, and a ration card.
"These documents cannot be brushed aside," noted Judge Jain, highlighting their importance.
Judge Jitendra Jain canceled the previous order, declaring Mr. Dogra Venkappa Survarna presumed dead as of April 8, 2010. This decision was based on the evidence and the seven-year rule.
"The impugned order dated 31 October 2015 is quashed and set aside."
The court's decision brings closure to Vishwesh Dogra Suvarna and establishes a guideline for similar cases. It shows how the legal system can eventually bring resolution, even after many years.
