HENA PARVEEN vs STATE NCT OF DELHI & ORS.
$~28
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.12.2023
+ W.P.(CRL) 3790/2023
HENA PARVEEN ….. Petitioner
Through: Mr. Dinesh Malik, Advocate (DHCLSC) with Mr. Puneet Jain and Ms. Kiffi Aggarwal, Advocates
versus
STATE NCT OF DELHI & ORS. …. Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Priyam Agarwal, Mr. Abhinav Krumar Arya and Mr. Shivesh Kaushik, Advocates with SI Shankar and Insp. Omvir Singh
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE SHALINDER KAUR
J U D G M E N T (oral)
CRL.M.A.35286/2023 (for exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 3790/2023
3. Present petition has been filed in the nature of Habeas Corpus under Article 226 of the Constitution of India seeking directions to the respondents to produce the petitioners daughter S who is missing since 22.10.2023.
4. It has been averred in the petition that on 22.10.2023 around 4:00 pm, petitioners minor daughter, aged 14 years, left home and did not return. Since then her whereabouts are not known to the petitioner. Thereafter, petitioners husband lodged a police complaint with regard to missing of their daughter and an FIR No.714/2023 under Section 363 IPC was registered at PS New Narela.
5. Notice issued.
6. Learned Standing Counsel for State accepts notice and has handed over a status report dated 21.12.2023 to this Court which is taken on record. It has been stated in the status report that the IO with other staff enquired around nearby missing girls house, railway stations, bus stands, police stations, hospitals and many other places for her whereabouts but no clue was found. All the possible efforts, i.e. TPM Message, intimation sent to NCRB, CBI, Doordarshan, had been made to trace the missing girl. Moreover, Hue & Cry notice was prepared and sent, information was also uploaded on ZIP Net and publication in the newspaper was given as well as suspected persons were also inquired to get the current location of missing girl, but no clue was found.
7. It is further stated in the status report that during investigation a girl was suspected to have information about the missing girl and the police officials visited her home at Palwal, Haryana where they met her father whose statement under Section 161 Cr.P.C. has been recorded wherein he deposed that his daughter has eloped with a boy and he does not know her whereabouts. He further deposed that his daughter has run away 2-3 times earlier also and he had reported the same to the police and the police officials were not able to trace her out. However, this time he has not reported to the police.
8. In light of the aforesaid and since all possible efforts to trace petitioners daughter have been made, we hereby dispose of the present writ petition directing concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and also provide the same to the petitioner and, if any clue is found about the missing girl of the petitioner, the same shall be communicated to the petitioner.
9. With directions as aforesaid, the present petition stands disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SHALINDER KAUR)
JUDGE
DECEMBER 21, 2023/rk
W.P.(Crl) 3790/2023 Page 3 of 3