Shaukat Shaikh vs The State of Maharashtra

P.V. Hardas, J.—Rule. Rule returnable forthwith. With the consent of learned counsel appearing on behalf of the parties, this Petition is heard finally at the stage of admission. By this Petition under Article 226 of the Constitution of India the Petitioner prays for issuance of a writ of Habeas Corpus directing the Respondents to trace the whereabouts of the missing person viz. Mohammed Sajid Shaikh, age 15 years, who was missing from 1 August 2012. Upon a missing report being lodged, necessary steps have been taken by the Respondents for tracing the whereabouts of the missing person. From time to time the Respondents have submitted the report of the steps taken for tracing the whereabouts of the missing person. Despite the best efforts of the Respondents, the whereabouts of the missing person could not be traced. In their efforts at tracing the whereabouts of the missing person, the Respondents i.e. the police officers of Nirmal Nagar Police Station, Mumbai have left no stone unturned in their efforts, Certain accused have been arrested and pursuant to the completion of investigation, a charge-sheet against the accused has been filed under Section 363 read with 34 of the Indian Penal Code. We are informed that the criminal case is pending on the file before the 32nd Metropolitan Magistrate, Bandra, Mumbai. The Trial Court is seized of the aforesaid case.

Since the efforts of the police officers of the Nirmal Nagar Police Station have not yielded any result, despite their best efforts, according to us no useful purpose would now be served by keeping this Petition pending. We, however, direct the Nirmal Nagar Police Station to continue with their investigation at tracing the whereabouts of the missing person. The Petitioner is at liberty to furnish information/clues to the Nirmal Nagar Police Station for tracing the whereabouts of the missing person. The police officers on being furnished with the information/clues shall take prompt steps for verifying the said information and attempt to trace the whereabouts of the missing person. In no case should the investigation be closed on account of the disposal of this Writ Petition.

We accordingly dispose of the Petition by making rule absolute on the above terms with no order as to costs.