SUNITA PANDEY vs STATE GNCT OF DELHI & ANR.
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 05.02.2024
+ W.P.(CRL) 379/2024
SUNITA PANDEY ….. Petitioner
Through: Mr.G.S. Sharma, Mr.V.K. Sharma & Mr.R.A. Sharma, Advs.
versus
STATE GNCT OF DELHI & ANR. ….. Respondents
Through: Mr.Sanjay Lao, Standing Counsel (Crl.) with Ms.Priyam Agarwal, Mr.Abhinav Kr. Arya & Mr.Shivesh Kaushik, Advs. for State.
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 respondent to produce missing minor daughter of the petitioner.
2. The petitioner is aggrieved by the fact that on 11.01.2024 at around 11:00 AM, petitioners minor daughter, aged 16 years, went missing from home and did not return back. Petitioner and her family members tried to trace her out but it was to no avail.
3. Learned counsel for the petitioner submits that petitioner approached police station Gokal Puri several times but no satisfactory response was given and the police have not made any effort to find out the whereabouts of her minor daughter till date. On 27.01.2024, she sent a written complaint to DCP(North-East), Delhi rquesting to issue directions to SHO, PS Gokal Puri for registration of the case.
4. Notice issued.
5. Mr.Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State/respondent and has placed before this Court status report dated 05.02.2024 wherein it is stated that upon the complaint of the petitioner, DD entry No.90 dated 14.01.2024 was registered and on the statement of the petitioner, FIR No.136/2024 dated 04.02.2024 for the offence punishable under Section 363 IPC was registered at police station Dayalpur and all sincere efforts in order to trace out the missing daughter of the petitioner have been made.
6. The status report dated 05.02.2024 is taken on record and we have perused the same.
7. 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 directing the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and, if any, clue is found about the minor daughter of the petitioner, the same shall be communicated to the petitioner.
8. With directions as aforesaid, the petition is disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
FEBRUARY 05, 2024/ab
W.P.(Crl) 379/2024 Page 1 of 2