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HIGH COURT OF DELHI
W.P.(CRL) 1446/2010
SAPNA Petitioner
Through: Mr. A.S. Juneja, Advocate
W.P.(CRL) 1446/2010
SAPNA Petitioner
Through: Mr. A.S. Juneja, Advocate
VERSUS
UOI & ORS Respondent
Through: Mr. Pawan Sharma, S.C. for the State with
Ms. Laxmi Chauhan, Advocate with S.I. ramk Shay, PS DIOU East.
Through: Mr. Pawan Sharma, S.C. for the State with
Ms. Laxmi Chauhan, Advocate with S.I. ramk Shay, PS DIOU East.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
05.08.2011 By this petition, the Petitioner seeks a writ of mandamus to direct
Respondent No. 1 to handover the investigation to CBI and to trace her missing son Kanahaiya aged 8 years.
On a notice being issued, a status report has beenfiled. The efforts made to trace the child have been enlisted. The matter was initially investigated by the local police thereafter the case was transferred to DIU, East District. Extensive efforts have been made to trace missing child Kanhaiya. The Petitioners repeatedly suspected one Savita residing at Jhilmil. Savita has been interrogated at
05.08.2011 By this petition, the Petitioner seeks a writ of mandamus to direct
Respondent No. 1 to handover the investigation to CBI and to trace her missing son Kanahaiya aged 8 years.
On a notice being issued, a status report has beenfiled. The efforts made to trace the child have been enlisted. The matter was initially investigated by the local police thereafter the case was transferred to DIU, East District. Extensive efforts have been made to trace missing child Kanhaiya. The Petitioners repeatedly suspected one Savita residing at Jhilmil. Savita has been interrogated at
W.P.(CRL) 1446/2010
2011:DHC:18816 length first by the local police and then by the investigating officer ofthe DIU. ^ clue has come forth. Thepolygraph testwas also sought to be conducted of Savita.
However, in view of the fact that she had a paralytic attack in the past, the physician refused to conduct polygraph test on her. Despite efforts having been made by the local police and DIU East District, the child has not been traced.
It would be in the interest of justice, if the investigation of the case FIR NO. 22/126/2010 under Section 363 IPG registered at PS Vivek Vihar is transferred to the Anti-Kidnapping Section of the Crime Branch. It is therefore directed that
DCP East District will transfer the investigation in the above-mentioned FIR to the
Anti-Kidnapping Section of the Crime Branch. DCP (Crime) will ensure that the investigationis carried in accordance with law.
Petition is disposed of
Order dasti to both the parties. o MUKTA GUPTA, J.
AUGUST 05, 2011 'dk'
2011:DHC:18816 length first by the local police and then by the investigating officer ofthe DIU. ^ clue has come forth. Thepolygraph testwas also sought to be conducted of Savita.
However, in view of the fact that she had a paralytic attack in the past, the physician refused to conduct polygraph test on her. Despite efforts having been made by the local police and DIU East District, the child has not been traced.
It would be in the interest of justice, if the investigation of the case FIR NO. 22/126/2010 under Section 363 IPG registered at PS Vivek Vihar is transferred to the Anti-Kidnapping Section of the Crime Branch. It is therefore directed that
DCP East District will transfer the investigation in the above-mentioned FIR to the
Anti-Kidnapping Section of the Crime Branch. DCP (Crime) will ensure that the investigationis carried in accordance with law.
Petition is disposed of
Order dasti to both the parties. o MUKTA GUPTA, J.
AUGUST 05, 2011 'dk'
W.P.(CRL) 1446/2010 page 2 of2
2011:DHC:18816
2011:DHC:18816
JUDGMENT