KRISHNA vs STATE OF NCT OF DELHI
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 20.11.2023
+ W.P.(CRL) 1783/2023
KRISHNA ….. Petitioner
Through: Mr. Anwesh Madhukar, DHCLSC, Mr. Devesh Khanagwal, Advocates with petitioner in person
versus
STATE OF NCT OF DELHI ….. Respondent
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Krumar Arya, Mr. Shivesh Kaushik, Advocates, Insp. Sandeep Kumar and SI Deep Ram Sharma in person
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 respondent to produce missing minor son of the petitioner.
2. The petitioner is aggrieved by the fact that on 22.08.2022 at around 10:30 am, petitioners son, aged 17 years, went missing and did not return back. Petitioner tried to search for her minor son everywhere but to no avail.
3. Upon her compliant, FIR No.308/2022, under Section 363 IPC at Police Station Timarpur, North Delhi was registered on 24.08.2022, i.e. two days after the date of incident. On 14.06.2023, petitioner also filed a complaint vide registration No.23061129 before the Delhi Commission for Women seeking assistance vis-à-vis locating her son, however, till date her son has not been traced. Under these circumstances, the petitioner is constrained to prefer the instant petition.
4. Fresh status report dated 17.11.2023 has been produced before this Court which is taken on record. As per the status report, during the course of investigation, extensive search of the missing child was done by conducting local inquiries such as flashing WT Message, uploading photo of missing child on ZIP NET, sending intimation to NCRB, SCRB & CB, circulating Hue & Cry notices at all prominent places and publishing the details of the missing child in Hindi & English National newspaper. UIDB records pertaining to the relevant period have also been verified. CCTV cameras installed in the nearby area were checked but no clue regarding the missing boy was found. Moreover, neither the child was carrying any mobile phone nor was he using any social media account.
5. During further course of investigation, secret informers were also activated and search was also made at different railway stations, bus stands, hospitals and shelter homes but no clue regarding the missing child was found. Further, a request for a cash reward of Rs.20,000/- was also granted by Commissioner of Police, Delhi on 25.08.2023. Search of child was also made at Disabled Child Centre, Avantika and IHBAS Hospital, Shahdara, Delhi but to no avail. It is further stated that efforts to trace the missing child are being continuously made and the whole exercise as per the SOP is being conducted in this regard.
6. In light of the aforesaid and since all possible efforts to trace the missing boy 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 quarterly status report before the concerned Metropolitan Magistrate and, if any clue is found about the minor son of the petitioner, the same shall be communicated to the petitioner.
7. With directions as aforesaid, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(SHALINDER KAUR)
JUDGE
NOVEMBER 20, 2023/rk
W.P.(CRL) 1783/2023 Page 1 of 3