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9- $-10 HIGH COURT OF DELHI
W.P.(CRL) 1238/2015
BISHAN SINGH SAINI Petitioner
Through Mr. Rajender Kumar, Adv.
W.P.(CRL) 1238/2015
BISHAN SINGH SAINI Petitioner
Through Mr. Rajender Kumar, Adv.
VERSUS
STATENCT OF DELHI AND ORS. Respondents
Through Mr. Avninder Singh,Additional Standing Counsel, Ms. Sumi Anand, Adv.
Insp. Ghanshyam and SI Sukhi Ram, PS North Rohini.
Through Mr. Avninder Singh,Additional Standing Counsel, Ms. Sumi Anand, Adv.
Insp. Ghanshyam and SI Sukhi Ram, PS North Rohini.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MR. JUSTICE P.S.TEJI
09.07.2015 Status report is on record. In the status report, the police has stated that they had already registered a missing report vide DD
No.29A with regard to missing of Dharam Pal Singh, son of the petitioner since 04.06.2015 and immediately on receipt of the complaint, the police took various steps to search the son of the petitioner in terms of the laid down procedure and guidelines. The efforts so made by the police have been spelt out in the status report.
This status report further states that during the search of the missing person, statement of one Jitender Kumar son of Banwarilal who used to work in the same company i.e. CMS Info System Limited as a custodian for replenishment of cashin 17ATMswith Mr. Dharam Pal
2015:DHC:11638-DB Singh was recorded, and in his statement he stated that Dharam Pal
Singh used to break ATM vaults and used to withdraw the left over amount from ATM. It further states that the said missing person used to make fake calls regarding robbery in the company after having misappropriated the cash himself. It is further stated that Dharam Pal
Singh for the last six months was in contact with one girl namely Ms. Radhika whose whereabouts are untraceable. Jitender Kumar in his statement also stated that Dharam Pal Singh left him at his house at
07.30 PM on 04.06.2015 and thereafter, he left from there and also switched off his mobile phone. It also stated that CMS Company's
Junior Executive operations, Shri Ramandeep and other officials have been interrogated in this regard and they have disclosed that a complaint vide DD No.25A dated 13.06.2015 has already been lodged in P.S. Paharganj, Delhi for misappropriation of funds and a criminal case against petitioner's son Dharam Pal Singh and his co-custodian
Jitender Kumar has been registered and the same is pending for further probe and enquiry. The status report also states that inthe said complaint filed by CMS Info System Limited, it has been alleged that
Dharam Pal Singh who has been absconding since 05.06.2015 was a custodian in CMS Info System Limited with Jitender Kumar and has committed criminal breach oftrust bymisappropriating the amount of
Rs.76,07,700/- from 14 ATMs. Status report also states that all sincere efforts have been made by the police to trace out the missing son ofthe petitioner.
During the course of hearing of the present matter, we were informed that brother-in-law of Dharam Pal Singh also received few messages on his mobile phone through Facebook and said messages were received on 27.06.2015 and 02.07.2015. The Court has given direction in the morning to produce the said brother-in-law of
Dharmpal, namely, Roshan Lai Saini and in compliance thereof, RoshanLai Saini has beenproduced in the Courtwho also showed his mobile phone. The Court has perused the messages on his mobile phone. The message dated 27.06.2015 received by brother-in-law of
Dharam Pal Singh through Facebook is relevant in this background.
Onreading thismessage, the impression given is thatthisDharam Pal
Singh ishiding himselfdeliberately. Inthe message he also conveyed to his brother-in-law that presently he could not tell when he would return. He even enquired about his children and also asked his brother-in-law to convey to his children that their Papa remembers them too much. We have heard the counsel, the police official and have also perusedthe necessaryrecord.
The present Habeas Corpus petition has been preferred by the petitionerwho is the father of Dharam Pal Singh seeking direction to the State to produce his son before the Court. The petitioner also seeks direction to direct the State to register a case against the offenders, particularly respondent no.3 and his companions as according to the petitioner, they have illegally detained and confined his son. Having perused the status report filed by the State and after going through the messages received by the brother-in-law of the missing person on his mobile phone through Facebook, we are of the view that the son of the petitioner is trying to hide himself deliberately. Be that as it may, in the DD No.25A dated 13.06.2015 lodged by CMS Info System Limited, Dharam Pal Singh and Jitender
Kumar have been named as persons accused for misappropriation of amount ofRs.76,07,700/-.
We direct the police tomake sincere efforts notonly to proceed inDD No.25A lodged atthe instance ofthe company but also to trace outthe missing sonof thepetitioner. No laxity or slackness should be shown by the police in this regard.
In the light of aforesaid discussion, the present petition stands disposed of.
JULY 09,2015 dd KAILASH GAMBHIR, J P.S.TEJ
HON'BLE MR. JUSTICE P.S.TEJI
09.07.2015 Status report is on record. In the status report, the police has stated that they had already registered a missing report vide DD
No.29A with regard to missing of Dharam Pal Singh, son of the petitioner since 04.06.2015 and immediately on receipt of the complaint, the police took various steps to search the son of the petitioner in terms of the laid down procedure and guidelines. The efforts so made by the police have been spelt out in the status report.
This status report further states that during the search of the missing person, statement of one Jitender Kumar son of Banwarilal who used to work in the same company i.e. CMS Info System Limited as a custodian for replenishment of cashin 17ATMswith Mr. Dharam Pal
2015:DHC:11638-DB Singh was recorded, and in his statement he stated that Dharam Pal
Singh used to break ATM vaults and used to withdraw the left over amount from ATM. It further states that the said missing person used to make fake calls regarding robbery in the company after having misappropriated the cash himself. It is further stated that Dharam Pal
Singh for the last six months was in contact with one girl namely Ms. Radhika whose whereabouts are untraceable. Jitender Kumar in his statement also stated that Dharam Pal Singh left him at his house at
07.30 PM on 04.06.2015 and thereafter, he left from there and also switched off his mobile phone. It also stated that CMS Company's
Junior Executive operations, Shri Ramandeep and other officials have been interrogated in this regard and they have disclosed that a complaint vide DD No.25A dated 13.06.2015 has already been lodged in P.S. Paharganj, Delhi for misappropriation of funds and a criminal case against petitioner's son Dharam Pal Singh and his co-custodian
Jitender Kumar has been registered and the same is pending for further probe and enquiry. The status report also states that inthe said complaint filed by CMS Info System Limited, it has been alleged that
Dharam Pal Singh who has been absconding since 05.06.2015 was a custodian in CMS Info System Limited with Jitender Kumar and has committed criminal breach oftrust bymisappropriating the amount of
Rs.76,07,700/- from 14 ATMs. Status report also states that all sincere efforts have been made by the police to trace out the missing son ofthe petitioner.
During the course of hearing of the present matter, we were informed that brother-in-law of Dharam Pal Singh also received few messages on his mobile phone through Facebook and said messages were received on 27.06.2015 and 02.07.2015. The Court has given direction in the morning to produce the said brother-in-law of
Dharmpal, namely, Roshan Lai Saini and in compliance thereof, RoshanLai Saini has beenproduced in the Courtwho also showed his mobile phone. The Court has perused the messages on his mobile phone. The message dated 27.06.2015 received by brother-in-law of
Dharam Pal Singh through Facebook is relevant in this background.
Onreading thismessage, the impression given is thatthisDharam Pal
Singh ishiding himselfdeliberately. Inthe message he also conveyed to his brother-in-law that presently he could not tell when he would return. He even enquired about his children and also asked his brother-in-law to convey to his children that their Papa remembers them too much. We have heard the counsel, the police official and have also perusedthe necessaryrecord.
The present Habeas Corpus petition has been preferred by the petitionerwho is the father of Dharam Pal Singh seeking direction to the State to produce his son before the Court. The petitioner also seeks direction to direct the State to register a case against the offenders, particularly respondent no.3 and his companions as according to the petitioner, they have illegally detained and confined his son. Having perused the status report filed by the State and after going through the messages received by the brother-in-law of the missing person on his mobile phone through Facebook, we are of the view that the son of the petitioner is trying to hide himself deliberately. Be that as it may, in the DD No.25A dated 13.06.2015 lodged by CMS Info System Limited, Dharam Pal Singh and Jitender
Kumar have been named as persons accused for misappropriation of amount ofRs.76,07,700/-.
We direct the police tomake sincere efforts notonly to proceed inDD No.25A lodged atthe instance ofthe company but also to trace outthe missing sonof thepetitioner. No laxity or slackness should be shown by the police in this regard.
In the light of aforesaid discussion, the present petition stands disposed of.
JULY 09,2015 dd KAILASH GAMBHIR, J P.S.TEJ
JUDGMENT