RAM GOPAL GOSWAMI vs STATE NCT OF DELHI AND ORS.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 3rd February, 2025
+ W.P.(CRL) 3335/2024
RAM GOPAL GOSWAMI …..Petitioner
Through: Ms. Gayatri Virmani, Adv.
versus
STATE NCT OF DELHI AND ORS. …..Respondents
Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kumar Arya, Advs., with Insp. Manoj and W/SI Meenakshi PS AHTU Crime Branch.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE DHARMESH SHARMA
Prathiba M. Singh, J. (Oral)
1. This hearing has been done through hybrid mode.
2. The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has been filed seeking issuance of a writ in the nature of habeas corpus for production of the son of the Petitioner, who is 17 years of age and has gone missing from the boys rented accommodation in Karol Bagh on 12th September, 2024.
3. The missing boy is stated to have been working in a grocery shop in Karol Bagh Gali No. 14, 3636/14, Regar Pura Corner, Karol Bagh, New Delhi – 110005. The allegation is that the missing boy was living with two other employees of the said grocery shop in a one room accommodation. One of the co-occupants was his relative. It is further stated that the mother of the missing boy had spoken last with him on 10th September, 2024 and, thereafter, from 12th September, 2024 around 10:00 p.m, he had gone missing.
4. The Court on 23rd October, 2024, directed the police to take urgent steps since the boy was missing for over a month at the given point. On 12th November, 2024, the Court perused the status report dated 11th November, 2024 as per which there was no major progress except the fact that certain statements have been recorded from a few individuals in the neighbourhood where the missing boy used to live, from the shop where the missing boy used to work and his roommates, which would indicate that the missing boy may have left voluntarily.
5. The matter was thereafter transferred to Anti Human Trafficking Unit, Crime Branch considering that the missing boy is the sole earning member of the family. Thereafter, a further status report dated 6th December, 2024 was filed which did not reflect any further leads regarding tracing of the missing boy. The Court then directed the AHTU Crime branch to continue their investigation.
6. Today, a further status report dated 31st January, 2025 has been filed by the AHTU, Crime Branch. The same be taken on record. Various status reports have been placed on record. Initially, certain CCTV footage was also recovered, which showed that the boy was walking alone near Karol Bagh area itself. A lady in the neighbourhood namely Mrs. Lalita Devi was also questioned, who had informed the police that the boy had shared certain issues relating to his gender orientation. Some images have also been shown to the Court, which were uploaded on the Instagram profile of the boy which corroborated the same. The AHTU Crime Branch had also made several enquiries from the neighbourhood and various other local communicates. However, it is submitted that the boy has not been traced.
7. It also appears that the boy may now have become major because he was 17 and a half years old when he had gone missing. Let the investigation continue and quarterly reports be filed before the concerned Magistrate. Considering these facts, no further orders are called for in this petition. The parents of the boy shall also be informed by the police, if any lead is found.
8. Under these circumstances, the petition is disposed of in the above terms. All pending applications, if any, are also disposed of.
PRATHIBA M. SINGH
JUDGE
DHARMESH SHARMA
JUDGE
FEBRUARY 3, 2025/dk/ks
W.P.(CRL) 3335/2024 Page 2 of 2