Anil Kumar v. State (GNCT of Delhi)

1. Present petition has been filed by the petitioner seeking following prayer:- “a) Issue a Writ of Habeas Corpus or any other Writ/ Order/ Direction of a like nature thereby seeking production of the missing Son of the Petitioner namely Harsh @ Monu who has been missing under suspicious circumstances since 21.12.2023; and/or · b) Direct the concerned authority to conduct a thorough investigation into the suspicious circumstances surrounding the whereabouts of the Missing Person;

2. The petitioner is aggrieved by the fact that on 22.12.2023, petitioner’s son, aged around 20 years, went missing from home and in this regard, FIR No.35/2024 under Section 365 IPC at Police Station Aman Vihar was registered. It is claimed that he is still missing and respondents be directed to produce him.

3. Issue notice. Learned Standing Counsel for the State accepts notice on behalf of the State and has produced the Status Report dated 29.04.2024. The same is taken on record.

4. As per status report, during the course of investigation, IPDR of the mobile number of the missing boy has been obtained and scrutinised and sent to Cyber Police Station, Rohini for detailed analysis for obtaining opinion whether any social media account is active or not. It is stated that the analysis which was provided by cyber police station Rohini regarding the IPDR of mobile No.9899679343 revealed that Google Cloud, Facebook, Whatsapp, Telegram Messenger, Google Services, Amazon Cloud Front, social media platforms were found connected with the IPDR of missing person but it could not ascertain the names and details of such accounts. It is stated that the mobile phone of the missing boy was found next day, i.e., on 22.12.2023 lying abandoned in a park. Parents, neighbours and friends have been contacted for any clue regarding his information but no information could be obtained which could help in tracing him out.

5. As per status report, during the course of investigation from the parents of the missing boy, it has been established that there is no love angle or any old enmity and it is claimed that he did not carry any ATM card which could be helpful. As per status report, during investigation, it was found that there was no record of his Aadhar Card No.595400116176 linked to any social media account. During the course of investigation, various hospitals, shelter homes (Mangolpuri, Bindapur, Kanjhawala, Sultanpuri, Moti Nagar, Vijay Nagar, New Delhi) were visited in order to search him and authorities had also been asked to inform if any clue is found, but no clue has been found regarding the missing boy. Many secret informers were also deployed in search of missing boy but till now, no clue has been found.

6. Learned counsel for the petitioner submits that since the respondent/State is not seriously pursuing the case and are not taking adequate steps to search the missing boy, the matter be transferred to DIU, Rohini District.

7. Accordingly, the SHO, Aman Vihar is directed to transfer the present case with all the relevant documents pertaining to the case to DIU, Rohini District and on receipt of the same, DIU, Rohini District is directed to file a monthly status report before the concerned Metropolitan Magistrate with advance copy to the petitioner and, if any, clue is found about the missing boy of the petitioner, the same be communicated to the petitioner and he be produced before the concerned Metropolitan Magistrate immediately.

8. With directions as aforesaid, the petition is disposed of.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)

JUDGE APRIL 30, 2024