Meera Devi v. The State NCT Of Delhi & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MEERA DEVI ..... Petitioner Through:

Mr.

Himanshu Anand Gupta, Advocate (DHCLSC) with Mr.

Ishwar Raj Chandra, Advocate with petitioner in-person.

versus THE STATE NCT OF DELHI & ANR.

..... Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State with Ms. Priyam Agarwal, Mr.

Shivesh Kaushik and Mr.

Abhinav Kumar Arya, Advocates with Insp. Pawan Kumar and ASI Shakir Hussain, P.S.: Neb Sarai.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 23.04.2024 CRL.M.A. 11782/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

3.

The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 seeking issuance of a writ of habeas corpus to produce the daughter of the petitioner, aged 13 years, who is missing since 22.01.2024. 4.

Notice issued.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Mr. Sanjay Lao, learned Additional Standing Counsel accepts notice on behalf of respondent-State, who has handed over status report dated 23.04.2024, which is taken on record.

6.

It is averred in the status report that ASI Sakir Hussain had examined the complainant (the petitioner herein) and recorded her statement. In her statement, the petitioner told that her daughter often leaves house without informing the family members and returns after 2-3 days but this time she had not returned home even after 45 days. The petitioner further stated that she searched for her daughter everywhere but no clue was found about her whereabouts.

7.

On being enquired, the petitioner told that her daughter does not have any mobile phone. ASI Sakir Hussain uploaded the information regarding the missing girl on ZIPNET and also intimated various departments viz. CBI, NCRB, Doordarshan and missing/kidnapped persons units about the missing girl.

WT message regarding the information of missing girl was flashed and hue and cry notice was circulated in the nearby police stations and was also pasted on bus stands and railway stations. Also, information of missing girl has been published in 02 local newspapers. All possible efforts were made to ascertain the whereabouts of the missing girl but to no avail. 8.

Pertinently, in relation to the incident of missing daughter of petitioner, FIR No. 158/2024, under Section 363 IPC at Police Station Neb Sarai, Delhi has already been registered and the State is making all endeavours to trace her out.

9.

In the light of the fact that the respondent-State has already made earnest efforts to trace out the missing girl, we hereby dispose of the present petition by directing the respondent-State to file fortnightly report before the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

concerned Metropolitan Magistrate in respect of progress of investigation made in order to search the missing girl, with an advance copy to the petitioner.

10.

It is made clear that if the missing girl is traced or rescued, she shall be produced before the learned Metropolitan Magistrate without delay and its information shall be given to the petitioner and her family members. 11.

With aforesaid directions, the present petition is accordingly disposed of.

SURESH KUMAR KAIT, J MANOJ JAIN, J APRIL 23, 2024/uk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.