VIMLA vs STATE (NCT OF DELHI) AND ORS
$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11th March, 2025
+ W.P.(CRL) 1629/2024
VIMLA …..Petitioner
Through: Mr. Rituparn Uniyal, Mr. Rajpal Singh Miyan, Mr. Manbeer Singh Negi, Mr. Vikash Chandra Bhushan, Mr. Pradeep Saklani, Advs.
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 ACP Arun Kumar Chauhan, Insp. Manoj & SI Pinki, PS AHTU/Crime.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
Prathiba M. Singh, J. (ORAL)
1. This hearing has been done through hybrid mode.
2. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking issuance of a writ in the nature of habeas corpus to produce her son, aged 19 years, who is missing since 6th May, 2022.
3. The case of the Petitioner is that his son went missing on the said day when he was out for a morning exercise and running in the nearby park. The Petitioner filed a complaint and an FIR being FIR No. 0241/2022 was registered at PS Sagar Pur, Delhi. The matter was then transferred to the Anti-Human Trafficking Unit (hereinafter AHTU), DIU, South-West, District. Since the boy was not traced even after the said transfer, the present petition seeking a writ of habeas corpus was filed.
4. This Court has been considering this matter since 21st May, 2024. Repeated status reports have also been sought from the Delhi Police. The brief background is that the Petitioner had then raised suspicion against one Mr. Satyavir Singh Malik. The Petitioner had attached the snapshots of the comments in the Truecaller ID of the suspect Mr. Satyavir Singh Malik. The pictures showed various comments posted therein that he is in the habit of tracking and trapping young children and may be a suspect in a kidnapping scandal. In this regard the Police had also questioned him.
5. However, this Court on 5th August, 2024 had observed that adequate steps were not being taken. The relevant portion of the order dated 5th August, 2024 is extracted below:
3. Vide order dated 21st May, 2024, notice was issued in this matter. Ld. Standing Counsel (Criminal)- Sanjay Lao accepted notice. Today, the Status Report dated 12th July, 2024, authored by the Assistant Commissioner of Police, Anti-Human Trafficking Unit (AHTU), DIU, South-West, District, has been perused by this Court.
4. It appears from the said Status Report that there are certain other families, who have also complained about missing boys. Earlier Status Report dated 21st May, 2024, also shows that the suspect is one Mr. Satyavir Singh Malik. As per the said status report the police had also visited Dehradun and Selaqui for investigation on 22nd July, 2023, wherein they even questioned the suspect- Mr. Satyavir Singh Malik. The Status Report records that he was questioned however, the report is completely inconclusive.
5. The Petitioners son has been missing since 6th May, 2022 and the police including AHTU does not seem to be taking adequate action in this case for tracing the boys.
6. Inspector Balbir Singh, who is present today in Court, is unaware of the facts of the present case and submits that the main Investigating Officer- Mr. Raghubir Singh is on leave.
7. Be that as it may, both the Status Reports do not show satisfactory investigation and proper action being taken by the concerned authorities, considering these young boys appear to be lured and are missing for a long time.
8. Ld. Counsel for the Petitioner has also taken this Court through the comments on Truecaller ID of the suspect-Satyavir Singh Malik, where certain comments have been posted that the said person traps and tracks young children and was also a suspect of kidnapping scandal. Copy of the Truecaller details of the suspect has been attached as Annexure P-6 with the petition.
9. Under such circumstances, it is directed that the concerned ACP Mr. Surender Kumar, AHTU, DIC/South West District, who has signed the latest status report, shall remain present in Court on the next date of hearing, i.e., tomorrow.
6. Thereafter, upon providing sufficient opportunity for the AHTU to trace the missing boy, this Court, considering the gravity of the situation, had transferred the case to Crime Branch, New Delhi vide order dated 14th August, 2024. The operative portion of the order reads as under:
3. A status report dated 14th August, 2024 signed by Sh. Rana, Asst. Commissioner of Police, ATHU, South-West District, Delhi has been handed over in Court today setting out various facts ascertained during the investigation and the steps that have been taken. The said status report has been taken on record.
4. Mr. Lao, learned Standing Counsel for the State has submitted that police officials also reached out through Truecaller mobile application to find out the details of the persons who had posted comments which are extracted with the writ petition at Annexure P-6.
5. Considering the boy has been missing since 6th May, 2022 and the fact that there is apprehension that more children may be missing, it is deemed appropriate to direct the further investigation by the Crime Branch, Delhi Police.
6. Accordingly, the investigation from the AHTU stands transferred to the Crime Branch, Delhi. The Crime Branch shall look into all the facts of the case files which have been compiled by the local police as also by the AHTU. In addition, the Crime Branch shall also look into the role of Mr. Satyavir Singh Malik, against whom so many allegations have been made and take steps in accordance with law.
7. Since then continuous investigation is being carried out by the Delhi Police. In fact, an attempt was also made to reach out to the persons who made the comments on Truecaller as there was an apprehension that there may be more children who are missing. The Police had also conducted a polygraphy test on Mr. Malik, however, the same did not yield any results. Some leads were obtained through WhatsApp, etc., and the said platforms were also contacted but again the investigation drew a blank.
8. On the last date i.e., 11th February, 2025 the Court was also informed that the Police in Dehradun had also lodged a zero FIR. However, the FIR which was produced shows that it was not a zero FIR and there were some allegations against the suspect Mr. Malik regarding some monetary transactions. The Delhi Police has also visited Uttarakhand in this regard but no further leads have been obtained.
9. Be that as it may, as far as this case is concerned, the Court is dealing with a matter where a young boy has gone missing and despite the last several orders which have been passed and various steps taken in the investigation, the boy has not yet been traced.
10. The ld. Counsel for the Petitioner today points out an alarming fact that the comments on Truecaller have also been deleted. This goes on to show that there is more than what meets the eye. The Delhi Police have made repeated attempts to get to the root of the matter. However, for some reason, none of the leads have been successful.
11. Considering these circumstances, let notice be issued to Mr. Sandeep Mahapatra, ld. CGSC who appears regularly for CBI. Let CBI conduct a preliminary inquiry in this matter as it concerns a young boy who is missing and could also involve other children who are allegedly missing Let a status report be filed by the next date of hearing.
12. The copy of the present petition along with all the electronic records be made available to Mr. Sandeep Mahapatra, ld. CGSC.
13. If any records are required by the CBI, the IO (SI Pinki – 8920742567) of the Delhi Police shall also cooperate with the CBI.
14. List on 21st April, 2025.
PRATHIBA M. SINGH
JUDGE
RAJNEESH KUMAR GUPTA
JUDGE
MARCH 11, 2025
Rahul/Ar.
W.P.(CRL) 1629/2024 Page 1 of 2