KULDEEP vs GOVT OF NCT OF DELHI AND ORS.
$~21
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.12.2023
+ W.P.(CRL) 786/2023
KULDEEP ….. Petitioner
Through: Adv. (appearance not given)
versus
GOVT OF NCT OF DELHI AND ORS. ….. Respondents
Through: Mr. Sanjay Lao, Standing Counsel along with Ms. Priyam Aggarwal, Mr.Abhiraya Arya and Mr. Shivesh Kaushik, Advs. along with Inspector Darpan, PS New Ashok Nagar.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE SHALINDER KAUR
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 respondents to produce the Detenu, Sunder Lal, who is petitioners father from the custody of respondent nos.2 to 5.
2. The petitioner is aggrieved by the fact that petitioners father went missing on 09.03.2017. Background of the case is that petitioners father rented a shop situated at ground floor of C-42, New Ashok Nagar, Delhi from respondent no.2. Thereafter respondent no.2 filed an eviction suit no.E-74/07 dated 02.04.2007 against his father and the same was withdrawn by him on 21.09.2013 as a mutual agreement took place between them. Petitioner further alleged that on 03.01.2017, his father entered into an agreement with respondent no.2 wherein it was agreed that respondent no.2 would reconstruct the abovementioned shop and lend the same to petitioners father within three months but the same was not handed over by respondent no.2. Thereafter his father lodged a complaint on 16.08.2016 at police station New Ashok Nagar against the respondent nos.2 to 5 fearing harm to his life and property. When the possession of the shop was not given by respondent no.2, his father again lodged a complaint on 09.03.2017 apprehending his death by respondent nos.2 to 5 and after filing of the complaint, his father went missing.
3. Petitioner further alleged that on 12.02.2023, he went to shop of respondent no.2 and demanded possession of the shop from him at about 4:29 pm, but to his shock, he was threatened by respondent no.2.
4. A missing report vide DD No.58A dated 08.04.2023 has been lodged at Police Station New Ashok Nagar. Petitioner has averred that he visited the police station but no satisfactory response was given and the police was not made any effort to find out the whereabouts of his father till date.
5. Mr.Sanjay Lao, learned Standing Counsel on behalf of the State/respondent has placed before this Court latest status report dated 05.12.2023 wherein it is stated that search of the father of the petitioner was conducted at various places but it was to no avail and no clue was found. The other respondents were also examined who stated that the presence of the missing person was registered in various courts order and that the father of the petitioner had appeared before the Honble Court of Sh. Nipun Awasthi, Ld. ACJ Cum CCJ, KKD Court on 23.02.2018 & 01.10.2018 in case Misc SCJ No. 112/17 which was filed by Sunder Lal, father of the petitioner against the respondent no. 2. His presence has also been marked in the court order dated 23.02.2018 & 01.10.2018 while the petitioner has claimed that his father has gone missing after lodging a complaint in PS New Ashok Nagar on 09.03.2017.
6. The status report dated 05.12.2023 is taken on record and we have perused the same.
7. In light of the aforesaid and since all possible efforts to trace petitioners father have been made, a complaint is pending inquiry and presence of father of petitioner has been marked twice in court proceedings before learned ACJ after lodging of his missing report, present petition does not survive. If any clue is found about petitioners father, the same shall be communicated to the petitioner.
8. With directions as aforesaid, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SHALINDER KAUR)
JUDGE
DECEMBER 05, 2023/ab
W.P.(Crl) 786/2023 Page 3 of 3