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High Court of DelhiW.P.(CRL)/1218/2019

Court On Its Own Motion v. The Govt. Of NCT Of Delhi

2020-01-31Hon'Ble Mr. Justice Siddharth Mridul,Hon'Ble Mr. Justice I.S.Mehta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1218/2019 COURT ON ITS OWN MOTION ..... Petitioner Through:

versus THE GOVT. OF NCT OF DELHI ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel (Criminal) with Mr.

Chaitanya Gosain, Advocate and Inspector Rajesh Dahiya, DIU/SED, Delhi.

+ W.P.(CRL) 1219/2019 COURT ON ITS OWN MOTION ..... Petitioner Through:

versus THE GOVT. OF NCT OF DELHI ..... Respondent Through:

Mr. Rahul Mehra, Standing Counsel (Criminal) with Mr.

Chaitanya Gosain, Advocate and Inspector Rajesh Dahiya, DIU/SED, Delhi.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 31.01.2020 Mr. Rahul Mehra, learned standing counsel (criminal), appearing on behalf of the Delhi Police states that, despite their diligent and continuous efforts, they have not been able to locate Mr. Devender Kumar, the missing person.

It is further stated on behalf of the Delhi Police that, even though Ms.

Pratibha Arya and Mr. Sunil Kumar Arya, the sister and brother-in-law respectively, of Mr. Devender Kumar, have both been subjected to a polygraph tests, they have neither been able to uncover any fresh clues or to make any headway in their search for Mr. Devender Kumar. In this behalf, it is also pointed out that the polygraph tests conducted on the sister and brother-in-law, has elicited an opinion that, their responses qua their lack of involvement in the disappearance of Mr. Devender Kumar, are truthful.

It has been brought to our notice that on a missing person report filed by Mr. Sunil Kumar Arya, the brother-in-law of Mr. Devender Kumar, an FIR No. 341/18 under Section 365 IPC has been registered at Police StationSagarpur, against unknown persons. Investigation into the subject FIR is currently underway.

In view of the foregoing, we dispose the present habeas corpus petitions whilst directing the Delhi Police to conclude the investigation into FIR No. 341/18 u/S 365 IPC registered at Police Station- Sagarpur, expeditiously and file a final report before the Court of competent jurisdiction, positively within a period of four weeks from today. A copy of the final report filed by the Delhi Police, as directed above, shall also be placed on record of this Court within six weeks from today. SIDDHARTH MRIDUL, J I.S.MEHTA, J JANUARY 31, 2020/vp