Shamshid Malik v. The State NCT of Delhi

Delhi High Court · 12 Mar 2024 · 2024:DHC:2024-DB
Suresh Kumar Kait; Manoj Jain
W.P.(CRL) 757/2024
2024:DHC:2024-DB
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed the Habeas Corpus petition after the State demonstrated that the petitioner’s son was in lawful custody pursuant to a criminal arrest.

Full Text
Translation output
W.P.(CRL) 757/2024
HIGH COURT OF DELHI
Date of Decision: 12th March, 2024
W.P.(CRL) 757/2024
SHAMSHID MALIK ..... Petitioner
Through: Mr. Gaurav Bhatt, Mr. Shuaib Alam and Mohd. Junaid, Advocates.
VERSUS
THE STATE NCT OF DELHI & ORS. ..... Respondents
Through: Mr. Sanjay Lao, Standing Counsel
WITH
Mr. Shivesh Kaushik, Advocate
WITH
Insp
Anil Kumar, SI Satish Singh and HC Arvind, PS Shakarpur.
Ms. Nidhi Raman, CGSC
WITH
Mr. Zubin Singh, Advocate for
R-2.
Mr. Anil Mittal
WITH
Mr. Shaurya Mittal and Mr. Atul Chauhan, Advocates for R-4 to
6.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT
(oral)

1. Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India seeking directions to the respondent to produce missing son of the petitioner.

2. Issue notice. Learned Standing Counsel accepts notice on behalf of the State and has produced status report dated 11.03.2024. The same is W.P.(CRL) 757/2024 taken on record.

3. It is stated in the status report that on receipt of the complaint of the petitioner, it was learnt that son of the petitioner namely, Sarim Malik was picked up from the area of PS Jaitpur, Delhi which is contrary to his missing report lodged at PS Shakarpur.

4. On inquiry, it has been revealed that said son of the petitioner along with five others were arrested in case FIR No. 96/2024 under Sections 411/414 IPC by PS Khoda, Ghaziabad, UP.

5. As per the status report, on 04.03.2024, the son of petitioner along with his other associates had been arrested in connection with recovery of Mobile Tower equipment’s viz. radio receiver unit, mobile tower battery cover etc. by the U.P Police and is presently lodged in Dasna Jail, Ghaziabad since 04.03.2024 in the FIR No. 96/2024.

6. Learned counsel for petitioner submits that he is aware of the said FIR and has already moved bail application before the concerned Court.

7. In view of the above, no further order is required to be passed in the present petition.

8. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT) JUDGE (MANOJ JAIN)

JUDGE MARCH 12, 2024