Manju v. State ( NCT Of Delhi )

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ MANJU ..... Petitioner Through: Mr. Avadh Kaushik and Mr. Devashish Maharishi, Advocates versus STATE ( NCT OF DELHI ) ..... Respondent Through: Mr. Rajesh Mahajan, ASC

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 16.05.2017 Amar Singh son of late Sh. Sardara Ram Meena went missing on or around 12.11.2008. Initially, he was reported missing and later, on the complaint of Giriraj Prasad, first information report (FIR) no.226/09 was registered on 25.06.2009 in Police Station New Delhi Railway Station and investigation taken up into offences punishable under Sections 365, 411, 34 IPC.

The investigation was initially taken up by the local police and later transferred to Anti Kidnapping Cell of Crime Branch of Delhi Police.

Amar Singh has not been traced till date.

On the basis of some investigation and evidence that came to the fore, three persons were arrested, they being Mohd. Alam @ Alam, Mohd. Firoz and Sunil Kumar @ Sunil. Charge-sheet seeking their prosecution was submitted in the court of the Chief Metropolitan Magistrate of Central District at Tis Hazari Courts. The case against the said three arrestees

is pending trial in the said court.

The petitioner is the wife of the above said missing person Amar Singh.

She has not been satisfied with the course of investigation. By the present petition, she had given certain possible leads of involvement of some other persons. The crime branch, on the basis of such leads, has undertaken further investigation under Section 173(8) Cr. PC. The status reports have been called from time to time but the further investigation has not led to any concrete evidence having been gathered to indicate complicity of the persons the petitioner suspects to be involved.

The further investigation, in the meanwhile, continues.

In the above facts and circumstances, it would be appropriate that the monitoring of the further investigation is entrusted to the Chief Metropolitan Magistrate of Central District at Tis Hazari Courts who shall be properly assisted in this task by the petitioner in person or through counsel.

The Chief Metropolitan Magistrate of Central District at Tis Hazari Courts shall ensure that all leads provided by the petitioner are properly and thoroughly probed from all angles. Upon report of such further investigation under Section 173(8) Cr. PC being submitted, the petitioner will be entitled to due notice so that her response can be ascertained and report considered on that basis. With these directions, the proceedings on this writ petition are closed.

A copy of the order shall be given dasti to both sides and also transmitted to the Chief Metropolitan Magistrate, Central District at

Tis Hazari Courts, New Delhi.

R.K.GAUBA, J MAY 16, 2017 Yg