YASMIN vs STATE (NCT OF DELHI)
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 23rd January, 2024
+ W.P.(CRL) 1489/2021
YASMIN ….. Petitioner
Through: Mr. Dhruv Chaudhary with Mr.Adeeb Ahmad, Advocates for Mr. Harsh Prabhakar, Advocate (DHCLSC)
versus
STATE (NCT OF DELHI) ….. Respondent
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kumar Arya and Mr.Shivesh Kaushik, Advocates with Inspr. Manvender Singh, PS DIU/E.
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 as Habeas Corpus under Article 226 of the Constitution of India seeking directions to the respondent to produce missing minor nephew of the petitioner.
2. The petitioner is aggrieved by the fact that on 06.04.2021, petitioners minor nephew, aged 14 years, went missing from his home and has not come back so far.
3. As per the status report dated 19.01.2024, which is in continuation to the earlier status report dated 15.12.2023, it is submitted that for the search of missing boy S aged about 14 years, FIR No.184/2021 for offence punishable under Section 363 IPC has been registered at Police Station Mayur Vihar on 10.04.2021.
4. As per status report, on 27.12.2023, search of missing boy was conducted by the team of AHTU/East District at Anand Vihar Bus Terminal and the local venders, bus drivers and conductors were shown the photograph of the missing boy but no clue was found. Hue and cry notices were also pasted at Anand Vihar Bus Terminal. Hue and cry notices were also pasted at the local Mosques, Loni Railway station and public places. The information available on ZIPNET was checked but no clue could be ascertained.
5. In light of the aforesaid and since all possible efforts to trace out the missing boy have been made and the FIR is pending investigation, we hereby dispose of the present writ petition directing the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate with advance copy to learned counsel for the petitioner and, if any, clue is found about the minor nephew of the petitioner, the same be communicated forthwith to the petitioner.
6. The SHO of the concerned Police Station is also further directed to transfer the case to the Anti-Human Trafficking Unit (AHTU), Crime Branch and the said Branch is directed to file status report, as indicated above, before the concerned Metropolitan Magistrate.
7. With directions as aforesaid, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
JANUARY 23, 2024
st
W.P.(CRL) 1489/2021 Page 3 of 3