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#14 HIGH COURT OF DELHI
JUDGMENT
For the Petitioner : Mr. Manish Sharma, Advocate with Mr. Ninad Dogra, Advocate
For the Respondents : Mr. Subhash Gosai, Advocate with Mr. Amit Kumar Dogra, Advocate for R-1
Mr. Chaitanya Gosain, Advocate for Mr. Rahul Mehra, Standing
Counsel (Criminal) with Inspector Manoj and Sub-Inspector Bansi Lal, Police Station- Kotla Mubarak Pur for R-2 to R-4
HON'BLE MR. JUSTICE I.S. MEHTA
1. The present habeas corpus writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal 2019:DHC:7101-DB Procedure, 1973, is in relation to the purported missing of Jaidev, the 33 year old, deaf and dumb, brother of Lokesh Kumar, the petitioner herein.
2. It is observed that Jaidev is stated to have left his house No.1623, Near Badi Gumbad, Kotla Mubarak Pur, New Delhi on 08.07.2018 at about 8:00 PM without any information to the members of his immediate family.
3. A Missing Person Report registered as DD No.19A on 19.01.2019 in this behalf, has been enquired into inter alia by the Deputy Commissioner of Police, South District. A case FIR No.208/2019, under Section 365 of Indian Penal Code, 1860 has also been registered at Police Station – Kotla Mubarak Pur on 10.07.2019 and the investigation is currently underway.
4. Mr. Manish Sharma, learned counsel appearing on behalf of the petitioner states that, in view of the circumstance that, Jaidev was spotted by himself by his brother Veeru, in the first week of August, 2019 near Badi Gumbad, Kotla Mubarak Pur, during evening hours, but disappeared into the congested streets, despite being hailed and followed by the former; as well as the circumstance that the police have left no stone unturned in locating him; he has instructions not press this petition any further, whilst seeking a direction to the Delhi Police to continue with the investigation.
5. The petition is accordingly dismissed as not pressed and disposed of.
6. The Delhi Police is, however, directed to continue to make efforts to locate Jaidev, in order to ensure his safety and well being. The Delhi Police are further directed to keep the Court of competent jurisdiction apprised in this regard, on a monthly basis.
SIDDHARTH MRIDUL (JUDGE) I.S. MEHTA (JUDGE) DECEMBER 18, 2019 dn