Shantu Patra v. The State & ORS

$~2.

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 347/2019 SHANTU PATRA ..... Petitioner Through: Mr. Mitthan Lal and Mr. Diwakar Singh, Advocates with petitioner in person versus THE STATE & ORS ..... Respondents Through: Mr. Rahul Mehra, St Counsel (Crl.) with Mr. Chaitanya Gosain, Advocate for State

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 04.02.2019 1.

The petitioner has filed the present petition praying inter alia for issuing a writ of habeas corpus for the production of his wife, Baishakhi Dolai @ Bishakha Patra, who is stated to have gone missing from his residence on 17.01.2019.

2.

Mr. Rahul Mehra, Standing Counsel (Crl.) states that though counsel for the petitioner states on instructions from the petitioner that his wife had gone missing on 17.01.2019, that is not his version either in the averments made in the writ petition or in his complaint made to the police and the letters addressed to the DCP of the area where the date mentioned is 16.1.2019.

W.P.(CRL) 347/2019

3.

Learned counsel for the petitioner seeks to explain the said discrepancy as an oversight on the part of the petitioner stating that he was confused. He submits that the petitioner's wife had gone missing from his residence on 17.01.2019, while the petitioner was at his work and he had tried to contact her parents in District Paschim Medinipur, West Bengal but they informed him that she had not returned to her native place. 4.

Mr. Mehra Standing Counsel (Crl.) hands over a Status Report wherein it is stated that several steps laid down in the Standard Operating Procedure relating to missing person had been initiated on 20.01.2019. 5.

We may note that after 20.01.2019, no effective steps have been taken by the Police to go to the native place of the petitioner's wife to track her. Learned counsel states that on 22.01.2019, the CDRs of the mobile number of the missing person was obtained and analysed, which revealed that her last telephonic conversation was with the petitioner on 17.01.2019 whereas, the missing report states that she had gone missing on 16.01.2019. This aspect has already been explained by the learned counsel for the petitioner as has been recorded above.

6.

Mr. Mehra, Standing Counsel (Crl.) states that a team shall be dispatched to Bengal today itself to track the petitioner's wife. 7.

Fresh Status Report shall be filed before the next date of hearing. 8.

List on 11.02.2019.

HIMA KOHLI, J YOGESH KHANNA, J FEBRUARY 04, 2019/na/ap W.P.(CRL) 347/2019