ANJU DAS vs STATE OF NCT OF DELHI & ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 02.11.2023
+ W.P.(CRL) 2348/2022
ANJU DAS ….. Petitioner
Through: Mr.Shivek Trehan, Adv. (DHCLSC) with Ms.Rishika Goyal, Adv.
versus
STATE OF NCT OF DELHI & ORS. ….. Respondents
Through: Mr.Sanjay Lao, Standing Counsel with Mr.Priyam Agarwal, Mr.Shivesh Kaushik & Mr.Abhinav Kr. Arya, Advs.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MS. JUSTICE SHALINDER KAUR
J U D G M E N T (oral)
1. The petitioner has preferred the present petition to seek a writ of habeas corpus for production of her minor daughter Ms. K aged 15 years, who went missing on 13.08.2022. Two FIRs being Nos. 380/2022 & 449/2022 stand registered at Police Station Ambedkar Nagar for the offences punishable under Section 363 IPC.
2. Learned counsel for the petitioner submits that on 13.08.2022, her minor daughter aged 15 years left for her school, the Government Girls Senior Secondary School in Sector-V, Dr.Ambedkar Nagar, New Delhi at 8 AM along with her younger sister Ms.Nupur Das. At about 8:30 AM, Nupur Das while departing for her school picnic spotted her elder sister being accompanied by a woman and identified that woman as one Ms.Aksha who was earlier spotted at Ambedkar Police Station on 14.07.2022. That earlier on 29.06.2022, petitioners minor daughter had gone missing from her residence at F-247, Ambedkar Nagar, District New Delhi. The petitioner repeatedly approached the investigating authorities at police station Ambedkar Nagar, District South, New Delhi. Thereafter, an FIR No.449/2022 was registered on 26.08.2022 under Section 363 IPC at Police Station Ambedkar Nagar. The daughter then returned home after two weeks.
3. Mr.Sanjay Lao, learned Standing Counsel for Delhi Police has drawn the attention of this Court to the latest status report dated 31.10.2023 and it reveals that regular checking of zipnet for missing and found child is being done to trace the missing child, also photographs and Hue and Cry notices of the missing child have been pasted at various bus stops, railway stations, cinema halls and other places in Delhi. Various NGOs have also been contacted and details of the missing child have been sent to them to check their records. Unidentified dead bodies have also been checked on Zip-net according to age group of missing child. During investigation, it was revealed that the victim was active on Instagram App with the instagram account and was connected with her friends and the details of her friend circle/IDs of instagram has been obtained and on analysis, it is found that the account was activate till 08.10.2023. Efforts were being made for tracing missing girl at Sanskar Ashram for Girls, Dilshad Garden,; Kilkari Rainbow Home, Kashmiri Gate; Udayan Ghar for Girls, Manglapuri, Mehrauli; Sopan c/o SOS Children Villages of India, Mandakani Enclave, Alaknanda; and Upvan, SOS Children Village of India, Safdarjung Enclave, New Delhi, however, no clue was found.
4. Pursuant to order dated 23.05.2023 of this Court, the polygraph test and layered voice analysis system test of the suspect Badal was conducted at FSL, Rohini, Delhi and has opined that the analysis and evaluation of polygrams reveal truthful responses on the issues nos.(i) to (v). According to polygraph examination and analysis of polygrams, he is truthful in his answers on the issues nos.(i) to (v) and copy of the report has been annexed with the latest status report dated 31.10.2023.
5. In light of the aforesaid and since all possible efforts to trace the missing girl have been made and the FIR is pending investigation, we hereby dispose of the present writ petition while directing the concerned police officials to file a quarterly status report before the concerned Metropolitan Magistrate and, if any, clue is found about the minor girl, the same shall be transmitted to the petitioner.
6. In view of the above, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SHALINDER KAUR)
JUDGE
NOVEMBER 02, 2023/ab
W.P.(CRL) 2348/2022 Page 3 of 3