Paramjit Kaur v. State of NCT of Delhi & Ors.

Delhi High Court · 02 Nov 2023 · 2023:DHC:8202-DB
Suresh Kumar Kait; Shalinder Kaur
W.P.(CRL) 1123/2021
2023:DHC:8202-DB
criminal other

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The Delhi High Court disposed of a habeas corpus petition for a missing elderly farmer by directing police to register an FIR and file quarterly reports while continuing search efforts.

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W.P.(CRL) 1123/2021
HIGH COURT OF DELHI
Date of Decision: 02.11.2023
W.P.(CRL) 1123/2021
PARAMJIT KAUR ..... Petitioner
Through: Mr.Girdhar Govind & Ms.Noor Alam, Advs.
VERSUS
STATE OF NCT OF DELHI & ORS. ..... Respondents
Through: Mr.Sanjay Lao, Standing Counsel with Mr.Priyam Agarwal, Mr.Shivesh
Kaushik & Mr.Abhinav Kr. Arya, Advs.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE SHALINDER KAUR
JUDGMENT
(oral)

1. The petitioner has preferred the present petition to seek a writ of habeas corpus for production of her 75 years old father, Shri Jorawar Singh.

2. Pertinently, petitioner’s father, Shri Jorawar Singh, r/o Village Ikolahi, Tehsil Khanna, District Ludhiana (Punjab) is missing since 26.01.2021. On 27.01.2021, one person from his neighbouring village informed the petitioner that her father has been missing since 26.01.2021 evening. It was stated that petitioner’s father, along with several older people had marched to Delhi as part of the farmer’s protest against farm 20:14 laws. Thereafter, petitioner visited Singhu border at Delhi and checked the list of arrested farmers prepared by the Delhi Police but her father’s name was not there. Petitioner made a missing complaint to the Police Station Alipur which is annexed as Annexure-B in the present writ petition but Delhi Police has not taken any action.

3. Mr.Sanjay Lao, learned Standing Counsel for Delhi Police has produced latest status report dated 01.11.2023 and the same is taken on record. We have perused the same and it reveals that information has been sent to NCRB, R.K. Puram, Delhi and Central Bureau of Investigation for providing information from data base about father of the petitioner but nothing fruitful has been received. Moreover, wireless text messages have already been flashed to all SSPs, DCPs and all SHOs in Delhi for making search of him but no response has been received till date. Efforts were also made for tracing missing persons through beat officers and through social sites. Shri Jaswant (son of missing person) was also contacted and he informed that he also made efforts at personal level but there is no clue regarding his father’s whereabouts. Thereafter DD No.44A dated 31.10.2023 was registered for the search of petitioner’s father.

4. In light of the aforesaid, all possible efforts to trace the missing father have been made, we hereby dispose of the present writ petition while directing the respondents to register FIR as per law.

5. It is also directed that concerned police officials shall file a quarterly status report before the concerned Metropolitan Magistrate and, if any clue is found, about the petitioner’s father, the same shall be transmitted to the petitioner. 20:14

6. With the aforesaid directions, the petition is disposed of. (SURESH KUMAR KAIT) JUDGE (SHALINDER KAUR)

JUDGE NOVEMBER 02, 2023 20:14