Roopwati v. State & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ ROOPWATI ..... Petitioner Through: Mr. D.K. Panday and Mr. Deepak Kumar, Advocates versus STATE & ORS.
..... Respondents Through: Mr. Rahul Mehra, St. Counsel (Crl.) with Mr. Chaitanya Gosain, Advocate with Inspector Devendra and SI Naresh Kumar, P.S. Shahbad Dairy
CORAM:
HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
O R D E R
% 09.01.2019 1.
A fresh Status Report has been filed by the SHO, P.S. Shahbad Dairy stating inter alia that on checking the Call Detail Record of the mobile number furnished by the petitioner, it was revealed that the missing girl, Ms. Pooja was on regular talking terms with one Ajit (Devar of Pooja's sister). Ajit was interrogated on 14.12.2018 but nothing incriminating came out. The mobile records also revealed that Pooja was on talking terms with one Atender, resident of village Badesara, District Bharatpur, Rajasthan, who is a relative of the husband of Pooja's cousin sister. On interrogating Atender on 14.12.2018, no clues came out.
2.
On 15.12.2018, the petitioner was re-examined to gather further clues. On 18.12.2018, both, Atender and Ajit were produced before the learned M.M., Rohini Court, Delhi for obtaining their consent to undergo a polygraph test. They have given their consent to the same. Similarly, Dinesh Chand Meena, Dhayan Chand and Ram Avtar have also given their consent for undergoing the polygraph test. However, the Director, FSL Rohini, Delhi has fixed a schedule from 04.03.2019 to 15.03.2019, for them to undergo the polygraph test.
3.
Having regard to the urgency in the matter, the Director, FSL Rohini is directed to advance the date fixed for the above persons to undergo the polygraph test preferably within the month of January, 2019 itself. 4.
Further, on enquiring from the petitioner, who is present in Court, if she has any further leads to offer to the police, she states that she had informed the I.O. in so many words that Pooja had received an SMS on her mobile phone from Dhyan Chand Meena, enquiring as to whether she was safe and sound in Mumbai with "Bhaisahib".
5.
On pointedly asking Mr. Rahul Mehra, Standing Counsel (Crl.) if the police have followed the said lead that was given by the petitioner in the month of December, 2018, the reply is in the negative. 6.
We are compelled to place on record our deep dissatisfaction with the manner in which the investigation has been conducted by the local police in this case. It is deemed appropriate to direct the matter to be transferred forthwith to the AHTU, Crime Branch for investigation. The polygraph tests on the persons mentioned above, shall be conducted at FSL, Rohini through the AHTU Crime Branch. A Status Report shall be filed by an officer not
below the rank of DCP, before the next date of hearing. 7.
List on 05.02.2019.
DASTI to the learned Standing Counsel (Crl.) under the signatures of the Court Master.
HIMA KOHLI, J MANOJ KUMAR OHRI, J JANUARY 09, 2019 na