SAKILA BEGUM @ SHAKILA BEGUM Vs STATE OF NCT OF DELHI -Judgment by Delhi High Court
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 8th January, 2024
+ W.P.(CRL) 2373/2022
SAKILA BEGUM @ SHAKILA BEGUM ….. Petitioner
Through: Ms. Supriya Juneja and Ms. Charu Sharma, Advocates
versus
STATE OF NCT OF DELHI ….. Respondent
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates with ASI Kamal and Insp. Sanjay Kumar
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
1. Present petition has been filed in the nature of Habeas Corpus under Article 226 and 227 of the Constitution of India, 1950 read with Section 482 Cr.P.C. seeking directions to the respondents to trace/find out petitioner�s daughter and to produce her before this Court.
2. The petitioner has contended that she works as househelp and on 01.09.2019, she left her 17 years old daughter at home and went to work in some bungalows. On returning home in evening around 07:00 PM, she found that her daughter was not at home. Thereafter, she tried to search her everywhere but could not find her. On 02.09.2019, she lodged a complaint regarding her missing daughter vide GD Entry No.057A and on 14.07.2022, an FIR No.0511/2022, under Section 363 IPC, was also registered at Police Station Bindapur, Delhi. However, till date, her daughter has not been traced out. Hence, the present petition has been filed.
3. Learned Standing Counsel has handed over a status report dated 08.01.2024 to this Court which is taken on record whereby it is stated that during investigation on 15.11.2023, IO visited House No.RZ-54, Inderpark Extension, Gali No.3, Uttam Nagar, Delhi where a person namely Mohd. Kasim son of Md. Munir stated that the missing girl got engaged in June, 2019 with his son namely Sajid and in September, 2019, she eloped from complainant�s house. Further, it was stated that he did not know about their present whereabouts.
4. It is further stated that on 15.12.2023, ASI Kamal Singh visited House No.D2, Anoop Nagar, Jeevan Park, Delhi where a person namely Parmod son of Kailash Pandit was found and he stated that he was working at Shop No.A-176, Nand Ram Park, Uttam Nagar, Delhi and the missing girl was residing opposite to his shop who used to come at his shop to purchase cosmetic items and in November, 2019, he came to know that the girl was missing and police personnel were looking for her. Further, it was stated that the owner of the shop did not have any knowledge about her.
5. It is also stated in the status report that on 25.12.2023, message about missing girl was sent to all SSPs and all DCPs in India and all SHOs in Delhi through WT Message. Information regarding missing girl was again sent to Doordarshan for telecast. ZIPNET was checked about UIDB, a letter regarding publication of photograph and description of the missing girl was again sent to DCP/Dwarka for publication. On 31.12.2023, photograph of missing girl was shown to commuters at metro stations, bus stands, hawkers and shopkeepers in the local and weekly markets but till date, there is no clue about her.
6. In light of the aforesaid and since all possible efforts to trace out petitioner�s daughter have been made, we hereby dispose of the present writ petition directing concerned police officials to file quarterly status report before the concerned Metropolitan Magistrate and also to provide the same to the petitioner. If any clue is found qua the missing girl, the same shall be communicated to the petitioner immediately.
7. With the directions as aforesaid, the petition stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
JANUARY 8, 2024/rk
W.P.(Crl) 2373/2022 Page 1 of 3