Madina Bano & ORS v. Union Of India & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3353/2017 MADINA BANO & ORS ..... Petitioner Through:

Mr.A.P. Dhamija, Advocate versus UNION OF INDIA & ANR ..... Respondent Through:

Mr. Vikash Mahajan, CGSC with Mr.

Gaurav Rohilla, Government Counsel, Mr. Shyam Rai, Advocate for respondent No. 1 and 2.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 29.11.2017 Crl. M.A. No.19716/2017 (Exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.

W.P. (Crl.) No. 3353/2017 The petitioner has preferred the present writ petition to seek writ of habeas corpus to locate her husband Shri Shabbir Ahmed son of Mehadi Hasan, who is missing since 07.07.2005 from Saudi Arabia. The petition, in our view, is completely misconceived since the husband of the petitioner went missing from Saudi Arabia, and the State has no control over, and is not in a position to locate the

whereabouts of Shabbir Ahmad in foreign land. The documents placed on record show that the matter has been taken up by the Indian Embassy, with the local authorities. In fact, it appears that the husband of the petitioner had abandoned his job after allegedly stealing certain amount from his employer. Thereafter, he has gone missing. In these circumstances, this court is not inclined to entertain the present petition. The same is dismissed.

VIPIN SANGHI, J P.S. TEJI, J NOVEMBER 29, 2017 pkb