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Habeas Corpus Writ Petition to Transfer the Case to some specialized agency disposed of by HC
The Delhi HC was dealing with the Writ Petition filed under Article 226 of the Constitution of India seeking a writ in the nature of habeas corpus.
Brief Facts:
The present petition has been filed by the petitioner against the respondents namely the State of NCT of Delhi, the Police Commissioner, Delhi and the SHO, P.S.: Kalyanpuri to search, trace-out and produce the petitioner’s missing daughter, who is stated to be missing since 16.12.2019. The petitioner has also alleged that her daughter is missing at the instance of Kamlesh Kumar s/o Balbir, who the petitioner suspects has abducted, tortured and killed her daughter by reason of the fact that the daughter had spurned his advances. Notice in this matter was issued to the respondents, whereupon the respondents have filed status reports. As recorded in the various status reports, the Delhi Police have been unable to trace the missing girl. In petitioner’s reply of September, 2021 filed in response to the last status report, it is the petitioner's contention that the inability to trace her daughter is a failure on the part of the Delhi Police and the petitioner has requested that the investigation in the matter be transferred to some other specialised agency.
HC’s observations:
However, upon a perusal of the last status report, HC found that sufficient and sincere efforts have been made by the Delhi Police thus far to locate the petitioner's missing daughter. The Delhi Police have also assured the Court that they are keeping the case open, and efforts to search for the missing girl will continue. The Court stated that “we see that no purpose in keeping the present writ petition pending, since no further directions are called for in the matter.”
HC held:
The HC disposed of the present writ petition with the direction to the Delhi Police to continue sincere and serious efforts to locate the petitioner's daughter at the earliest and to produce her before the court of the concerned Metropolitan Magistrate, being the learned Metropolitan Magistrate having jurisdiction over P.S.: Kalyanpuri, Delhi and in the meantime, to file status reports detailing the steps taken in the investigation of FIR dated 21.12.2019 once every three months commencing January 2022.
