delhihighcourt

YUGAL KISHOR vs COMMISSIONER OF POLICE & ORS.

$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21st February, 2024
+ W.P.(CRL) 610/2024
YUGAL KISHOR ….. Petitioner
Through: Mr. Kamlesh Kumar Mishra with Mr.Bibhuti Bhushan Mishra, Mr. Dipak Raj, Ms. Tripti Juyal, Ms. Renu, Mr. Nirin Kumar Nayak, Advocates.
versus

COMMISSIONER OF POLICE & ORS.
….. Respondent
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates with Insprl Sukhbir Malik, SHO/Okhla Industrial Area, SI Satish Bhati.

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 by the petitioner seeking following prayer:-
“Issue a Writ of Habeas Corpus or for any appropriate writ, order or direction to the Respondents to immediately produce before this Hon’ble Court, the corpus of the missing child Ms. .., daughter of the Petitioner.”
2. The petitioner is aggrieved by the fact that on 24.12.2023, petitioner’s minor child went missing from her home. FIR No.0966/2023 under Section 363 IPC was registered against the suspect Prem Kumar at Police Station Okhla Industrial Area, South East District on 25.12.2023. However, the police has not so far been able to find her.
3. Heard.
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 21.02.2024. The same is taken on record.
6. As per status report, wireless message was flashed to all the SSPs and DCPs in India and all SHO’s in Delhi with the details of the missing girl. Information about the missing girl was also uploaded on Zipnet. Information was also sent to CBI, NCRB and missing cell. It is stated that despite all the possible efforts, the missing girl could not be traced out. It is also stated that the police would continue to make fresh efforts to find her out.
7. In light of the aforesaid and since all possible efforts to trace out 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 with advance copy to the petitioner and, if any, clue is found about the minor daughter of the petitioner, the same be communicated to the petitioner. It is directed that the missing girl be produced before the concerned Metropolitan Magistrate as and when she is rescued.
8. 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.
9. With directions as aforesaid, the petition is disposed of.

(SURESH KUMAR KAIT)
JUDGE

(MANOJ JAIN)
JUDGE
FEBRUARY 21, 2024
st

W.P.(CRL) 610/2024 Page 1 of 3