JAIPAL KHANDELWAL vs THE STATE NCT OF DELHI AND ORS.
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 15th January, 2024
+ W.P.(CRL) 61/2023
JAIPAL KHANDELWAL ….. Petitioner
Through: Ms. Neetu Verma with Mr. Neelam Akhthar, Advocates.
versus
THE STATE NCT OF DELHI AND ORS. ….. Respondents
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates with Inspr. Surender Sharma, PSAHTU/Shahdara Distt.
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 respondents to produce missing son of the petitioner.
2. The petitioner is aggrieved by the fact that on 28.06.2020 at around 10:30 AM, petitioners son, aged 21 years, went missing from his home and has not come back so far.
3. Since despite the best efforts made by his family members, there was no clue about him, FIR No.392/2020 under Section 365 IPC at Police Station Krishna Nagar was registered on 08.08.2020.
4. Mr. Sanjay Lao, learned Standing Counsel has placed before this Court fresh status report dated 15.01.2024 wherein it is stated that despite all possible efforts, there is, so far, no clue of the missing son of the petitioner. He submits that records of major Shamshan Ghats of the area like Nigambodh Ghat, Geeta Colony, Rambodh Ghat, Shahdara, etc. and Mortuary situated at Sabzi Mandi, Safdarjung Hospital, BJRN Hospital Jahangirpuri, LBS Khichdipur, AIIMS, LNJP etc. have also been checked but to no avail.
5. The status report dated 15.01.2024 is taken on record and we have perused the same
6. In light of the aforesaid and since all possible efforts to trace out the missing son of the petitioner 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 and, if any clue is found about the missing son of the petitioner, the same be communicated to the petitioner forthwith.
7. 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.
8. With directions as aforesaid, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
JANUARY 15, 2024
st
W.P.(CRL) 61/2023 Page 1 of 3