Lokesh Sharma vs State Gnctd And Ors

The present writ of Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been preferred by the petitioner seeking the following prayer:-

“(A) Issue writ order or direction in the nature of Habeas Corpus directing the respondents to produce the sister of the petitioner namely Ms. Pinki.”

Learned Standing Counsel appearing on behalf of the Delhi Police has filed status report dated 21.12.2023, which is taken on record. It is informed to this Court that on 06.03.2023, one person namely Shri Niwas, husband of the missing woman reported at PS Usmanpur that his wife Pinki went outside from the house but did not return home and accordingly, GD No. 04A dated 06.03.2023 was lodged in PS New Usmanpur and the missing woman Pinki was traced on 07.03.2023, who stated that she went to visit Khatu Shyam on her own. Thereafter, on 12.03.2023, again Shri Niwas reported that his wife went outside without informing anyone and did not return home and search for missing woman was carried out, who was later on traced on 27.03.2023. On enquiry, she stated that she had quarrel with her husband and she went to visit on her own and resided in Laxmi Nagar during this period. Again, on 22.05.2023, Shri Niwas reported complaint of his missing wife for the third time and he made allegations on a person namely Pawan. Thereafter, CDR of the phone numbers of suspect were analysed, however, this time, she could not be traced despite best efforts. It is further stated that on 22.11.2023, one person namely Rahul Sharma, brother of missing woman Pinki also made a complaint that on 20.05.2023, his sister went from her in-laws house to her parental house but did not reach there. A missing report vide GD No. 80A dated 22.11.2023 was lodged at PS New Usmanpur. Details of missing woman was given to different agencies, hue & cry notices were circulated, however, despite sincere efforts, no clue of the missing woman could be found.

In view of the above, we hereby dispose of the present writ petition directing the SHO PS New Usmanpur to file monthly status report before the concerned Metropolitan Magistrate. It is further directed that as and when any clue of the purportedly missing wife of the petitioner is found, the same shall be communicated to the petitioner.