Mr. Aniruddh Joshi, Mr. Arjun Sharma and Mr. Mayank Pandey, Advs v. STATE GOVT OF NCT OF DELHI AND ANR

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 999/2025 SMT MAAN KUMER .....Petitioner Through: Mr. Aniruddh Joshi, Mr. Arjun Sharma and Mr. Mayank Pandey, Advs. versus STATE GOVT OF NCT OF DELHI AND ANR ..Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal), Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva, Advs. with SI Monil Kumar, PS-Shahbad Dairy, Delhi. Ms. Savita Tanwar, Adv. for R-3. CORAM: HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 27.05.2025 1. The instant petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal, 1973 and Section 528 of the Bharatiya Nagarik Suraksha Sanhit, 2023 has been filed on behalf of the Petitioner seeking issuance of writ of Habeas Corpus and any appropriate order or direction to the Respondents to trace and produce the Petitioner’s minor girl child who is missing since 1st January, 2025. 2. It is stated that the Petitioner suspects that she is in the custody of one Sunny @ Sourabh S/o Ghulam. Since the girl of the Petitioner is a minor, an FIR bearing No. 05/2025 was registered at Police Station Shahbad Dairy on 02.01.2025. 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 02/07/2025 at 00:27:33

3. Notice was issued in the writ petition on 21.04.2025 and in terms thereof, status report has been filed by the State. 4. Efforts have been made to trace Sunny. His mobile phone was kept on surveillance and has been sought to be tracked. Efforts have also been made to track him through the Aadhar Card. 5. The last Status Report dated 26.05.2025 which has been submitted in Court reads as under:- “It is humbly submitted that on 02.01.2025, Smt. Maan Kumer W/o Sh. Channu R/o H. No. 657, E- Block, Shahbad Dairy, Delhi reported in the police station and stated that his daughter K age 15 years went missing from her house on 01.01.25. On the basis of the statement of Smt. Maan Kumer, a case vide FIR NO. 05/2025 U/s 137(2) BNS Dated 02.01.2025 regarding missing of her daughter K was registered at PS Shahbad Dairy and the investigation of the said case was taken up. In continuation with the previous status report, it is stated here that: 1. During investigation Babu S/o Hariram provided details of the Gmail account which belonged to suspect Sunny @ Saurabh S/o Ghulam R/o- E-Block, Shahbad Dairy, Delhi Aged-21 yrs. A DO letter was sent to Gmail for getting information about from where the account was being accessed. In this regard Gmail has replied “After a diligent search and reasonable inquiry, we have found no records for the Google account-holder(s) specified in your request, or have found no responsive activity within the provided date range. Therefore, we are unable to produce records in response to your request." 2. DO letter was sent to Meta in regard to Facebook ID which was being used by suspect Saurabh @ Sunny in regard to which Meta has provided details in which it can be seen that the account was last operated on 31/12/2024. Moreover, few mobile numbers and Gmail accounts have been provided by meta in regard to which further DO letters have been issued to the concerned authorities and CDR's are being analysed. 3. On 24/05/2025 the family members of Sourabh @ Sunny namely Pana Devi W/o Gulam (Mother), Kanhaiya S/o Gulam (Brother) and Reshma D/o Gulam (Sister) have been interrogated at length who stated that they don't know his whereabouts since 01/01/2025 and they have asked about Sunny in their relatives but no whereabouts of Sourabh @ Sunny are 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 02/07/2025 at 00:27:33 known to anybody. They also stated that they haven't seen Sourabh @ Sunny online on any social media platform too since the day he has left his house. Their call records have been analysed but no clue found till date. 4. Friends of suspect Sourabh @ Sunny i.e. (1) Babu S/o Hariram R/o Jhuggi E-191, SB Dairy, Delhi (2) Balram S/o Asharam Ro E-764, Shahabad Dairy, Delhi and Aakash S/o Arvind R/o Jhuggi No. E-1194, Shahabad Dairy, Delhi were interrogated again on 24-05-25, who stated that they don't know any whereabouts of the suspect Sourabh @ Sunny till date. Their CDR's were analysed but no clue has been found. 5. Request for Aadhaar Search for new mobile numbers linked to the Adhaar of missing girl K and suspect Saurabh @ Sunny was also been made but no clue has been found till date. 6. That nearby shelter homes, Metro stations, bus stations have been visited multiple times to trace the missing girl but no clue has been found till now. 7. CDR and IMEI no of suspect and family members are being analysed on daily basis but no clue has been found till date. That the genuine efforts have been made and are being made but till date no clue has been found till now. In view of above facts, the undersigned will abide by any directions which the Hon'ble Court may choose to pass.” 6. Since the whereabouts of the Petitioner’s minor girl and Sunny @ Sourabh have not been found despite the best efforts taken by the police, this Court considers it appropriate that the matter may be disposed off with a direction to the police to continue their efforts and in this regard, to file reports once in two months before the concerned Magistrate. 7. The writ petition stands disposed of in above terms. SUBRAMONIUM PRASAD, J. HARISH VAIDYANATHAN SHANKAR, J. MAY 27, 2025/nd/va