Ravi Kumar v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 613/2018 RAVI KUMAR ..... Petitioner Through:

Mr. Jatin Rajput and Mr. Sandeep Kumar, Advocates.

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

Mr.Rahul Mehra, Standing Counsel (Crl.) with Mr. Chaitanya Gosain for State with ASI Kharak Singh and Insp. Ashok Kumar, PS. I.P. Estate.

CORAM:

JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 26.02.2018

1. By way of the present petition filed under Article 226 of the Constitution of India, the Petitioner seeks issuance of a writ of habeas corpus regarding his eldest daughter Neha (23-years-old) having gone missing from the LNJP Hospital on 15th October 2017 where she apparently went along with her younger sister for the treatment of the younger sister. After 15th October, 2016, Neha did not return home. The complaint in this regard was lodged with the Police vide DD No.42 at the Police Post LNJP Hospital, Police Station (PS) I.P. Estate, New Delhi on 15th October, 2016 itself.

2. In response to the receipt of an advance copy of the petition, the Station

House Officer (SHO) of PS I.P. Estate has filed a status report dated 26th February, 2018 which encloses the snap shots of the CCTV footages of LNJP Hospital dated 15th October, 2016 between 14:05 and 14:10 hours. A girl wearing a orange kurta, whom the family members identified to be Neha, is seen emerging with a boy wearing a sky blue shirt and crossing the main entrance of the hospital at 14:05 hours on 15th October, 2016. The snap shot of the footage of 14:10 hours i.e. 5 minutes later shows a girl wearing a orange kurta entering the hospital alone. After that there is no CCTV footage showing her exit from the hospital.

3. The status report also lists out the steps taken by the Police to trace the missing girl by examining her bank account and by making enquiries with her family members and friends. The police has also attempted to trace her on social media sites. Reminders have also been sent to CBI and CAW the DCP of the Central District and local staff of LNJP Hospital have also been questioned.

Hue and cry notices have been pasted at various locations. Since no mobile phone was used by the missing girl, there could be no development of that source. Even today, the family members of Neha do not suspect anyone being responsible for her having gone missing.

4. The grievance of the Petitioner is that an FIR should be registered by the Police regarding Neha having gone missing.

5.Mr.Rahul Mehra, learned Standing Counsel appearing for the Respondent states that since even the family members of Neha, including the Petitioner, do not suspect anyone responsible for Neha having gone missing, the Police

while keeping the enquiry alive, do not propose to register an FIR straightway against anyone. Nevertheless, it is stated that if the Petitioner has any definite leads which might point a finger of suspicion towards anyone who may be responsible for Neha having gone missing, that will be immediately acted upon and if necessary an FIR might at that stage be registered.

6. The SHO will keep the Petitioner informed of the progress of the inquiry from time to time.

7. No further directions are called for at this stage. The petition is disposed of.

S.MURALIDHAR, J.

I.S.MEHTA, J.

FEBRUARY 26, 2018 'dc'