SMT NAZMA HASAN v. THE STATE GOVT OF NCT OF DELHI)

Through: Ms. Nargis Jahan, Adv. (M: 9718164842) versus THE STATE ( GOVT OF NCT OF DELHI) AND OTHERS .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.), Mr. Abhinav Kumar Arya, Adv. with SI Munfaij and HC Neeraj, PS Jamia Nagar. CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE SAURABH BANERJEE O R D E R 25.02.2025 %

2. This hearing has been done through hybrid mode. The present petition has been filed by the Petitioner-Smt. Nazma Hasan under Article 226 of the Constitution of India seeking a writ of habeas corpus for production of her sister-in-law (Nanad), who is stated to be missing since 19th November, 2024. According to the Petitioner, the missing girl is accompanied by Respondent No. 4.

3. On the last date of hearing i.e., 15th January, 2025, Mr. Lao, ld. Standing Counsel (Crl.) submitted that the boy is also missing since the same day. His parents, who live in Hapur, Uttar Pradesh, upon being contacted have not given any information and have stated that they have disowned their son. The Court then directed that steps be taken to trace both the persons for their production before the Court. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55

4. Today, a status report dated 24th February, 2025, has been handed over in Court, by ld. Standing Counsel (Crl.), which reads as under: “1) In continuation of previous status report it is further submitted that the house of the alleged person Sarafaraz @ Aman was visited at H.N 120, B-block JJ Colony Bawana, North West Delhi-39 where the mother of the said alleged person was met who stated that they had disowned their son ( published in newspaper Delhi Vaibhav dated 30.07.2024 ) and that he does not come to his house since he got missing. The mother of the said alleged assured that if she gets any clue then she would definitely inform the police about him. 2) During course of investigation, it was further found that there are 04 suspected phone numbers of the alleged Sarafaraz @ Aman is using 04 sim cards for which CDR was called from the different cell phone companies. On perusal of CDR it was found that missing Zafreen @ ujala&Sarafaraz @ Aman were on phone calls till 19.11.2024 and last location of both the persons was found to be at Jogabai Extension Jamia Nagar Delhi. Where search was made about the missing person and suspected person but duo is not traceable yet. 3) That the alleged phone numbers on which both the persons were found to be on calls are 7836868813 ( Sarafaraz @ Aman) and 9368401599 (Zafreen @ ujala). But these numbers are found to be switched off from 19.11.2024 so the IMEI numbers of both the above contact nos are being run so that if any new sim card is inserted in the phone then they will get easily and speedily traced. 4) That the person with whom the alleged person talked maximum time were also examined who stated that they worked with the said alleged person lastly and now they do not know the whereabouts of the said alleged person. The statement Sh. Satyanarayan Gupta is also recorded who stated that Sarafaraz @ Aman had come at my This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 to get any clue about Saloon in the month of August, 2023 and did job till the job from his saloon, November, 2024. After left neither he talked to him nor knew the whereabouts of Sarafaraz @ Aman. 5) That the sincere efforts are being made to trace the victim/missing girl. Information uploaded over zipnet, SCRB, NCRB and CDR data are being surfed over regular intervals the said victim/missing girl. 6) A mobile no. 7503611370 was given by sister in law of missing girl namely Jafreen@Ujjala who stated that the number belongs to Sarafaraz @ Aman. SDR and current location was obtained. The SDR of the mobile number belongs Sangeeta Devi W/o Amresh Sah R/o F/492, Inderpuri JJ Colony, Delhi and current location is also coming from Inderpuri. The interrogation was carried out with Sangeeta Devi W/o Amresh Sah who stated that the number was issued by her and is using since 2021. She also stated that she does not know Sarafaraz @ Aman. Further the investigation is going on to trace out the missing girl. IMEI numbers of both the above contact nos are being run so that if any new sim card is inserted in the phone then they will get easily and speedily traced. It is therefore requested that keeping in view fact and circumstances mentioned above report into the matter may kindly be considered accordingly and undersigned is ready and willing to abide by any direction passed by this Hon'ble Court.”

5. Considering the present facts and the above stated report, it appears that the sister-in-law (Nanad)of the Petitioner has gone off voluntarily and may be accompanied by Respondent No.4. This Court is of the opinion that they are both major and are not traceable, as they are deliberately avoiding use of mobile phones and are under the radar.

6. Under such circumstances, let the investigation continue and quarterly This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55 reports be filed before the concerned Magistrate. The said reports shall also be supplied to the Petitioner and if the Petitioner learns of any further information, she is free to inform the concerned IO.

7. The petition is disposed of in these terms. All pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J. SAURABH BANERJEE, J. FEBRUARY 25, 2025 dj/ks This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 28/02/2025 at 12:47:55