ANJARI KHATOON vs STATE (NCT) OF DELHI
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 04.01.2024
+ W.P.(CRL) 3321/2023
ANJARI KHATOON ….. Petitioner
Through: Ms.Arundhati Katju, (DHCLSC) with Ms.Shristi Borthakur, Ms.Ritika Meena &Ms.Parkhi Rai, Advs.
versus
STATE (NCT) OF DELHI ….. Respondent
Through: Mr.Sanjay Lao, Standing Counsel (Crl) with Ms.Priyam Agarwal & Mr.Abhinav Kr. Arya, Advs.
Insp. Rahul Kumar PS Subzi Mandi.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
Crl.M.A.30868/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(Crl) 3321/2023 & Crl.M.A.30867/2023
3. Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking directions to the respondent to produce petitioners daughters and grandchild.
4. The petitioner is aggrieved by the fact that on 19.09.2023, her daughter, Ms. R aged 20 years along with her son, Master A aged 1 year and younger daughter of petitioner Ms. K aged 6 years went to their aunts house and thereafter on 20.09.2023, petitioners children did not return from their aunts house. Petitioner filed a complaint bearing GD No.0091A at police station Subzi Mandi on 23.09.2023. She further stated that some calls have been received by her for ransom. Petitioner has averred that she along with her family members visited the police station but no satisfactory response was given and the police has not made any effort to find out the whereabouts of her daughters and grandchild till date.
5. Notice issued.
6. Mr.Sanjay Lao, learned Standing Counsel has produced status report dated 04.01.2024 wherein it is stated that police team was sent to the registered address of subscriber of mobile numbers as alleged by the petitioner from whom she had received the calls for ransom. However, the address was found to be fake. The CDR and CAF details of various suspected mobile numbers were obtained and analyzed and all efforts are being made to trace the kidnapped persons. However, there is, so far, no clue.
7. Fact remains that in relation to said incident of missing daughters of petitioner, FIR has already been registered vide 606/2023 under Sections 363/365 IPC at police station Subzi Mandi on 16.11.2023 & investigation is going on.
8. Accordingly, we hereby dispose of the present petition by giving directions to the concerned police station to transfer the case file related to said investigation to the Anti Human Trafficking Cell, Crime Branch and the said unit is directed to file a monthly status report before the concerned Metropolitan Magistrate with an advance copy to the other side. If any clue is found about the petitioners missing daughters and grandchild, the same shall be communicated to the petitioner, forthwith.
9. Respondent is also directed to furnish copy of the FIR to the learned counsel appearing for the petitioner.
10. With directions as aforesaid, the petition is disposed of. Pending application, if any, is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
JANUARY 04, 2024/ab
W.P.(Crl) 3321/2023 Page 3 of 3