Writ petition filed regarding missing son. Court held based on phone tracking that petitioner's son went missing in Bihar, not Delhi. Consequently, this Court lacks jurisdiction to direct production.
Liberty to approach appropriate forum/authority at Bhiwadi or Begusarai for action. Petition disposed of.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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% Date of decision: 04.01.2024
DEVENDER SHARMA ..... Petitioner
Through: Mr.Deepak Rana, Mr.Surender Gupta & Mr.Aditya Gaur, Advs. with petitioner in person.
versus
STATE NCT OF DELHI & ORS. ..... Respondents Through: Mr.Sanjay Lao, Standing Counsel (Crl) with Ms.Priyam Agarwal & Mr.Abhinav Kr. Arya, Advs. Insp.Gaurav Kumar PS Bhalswa Dairy.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
W.P.(Crl) 3255/2023 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:0 5.01.2024 15:21
Page 1 of 3
apprehension that respondent no.3/wife of missing son is behind his disappearance.
W.P.(Crl) 3255/2023 Signature Not Verified
Page 2 of 3
Digitally Signed By:ROHIT KUMAR Signing Da te:0 5.01.2024 15:21
made by the respondent/State, but there was no clue about the whereabouts of said missing person.
(SURESH KUMAR KAIT) JUDGE
(MANOJ JAIN) JUDGE
JANUARY 04, 2024/ab
W.P.(Crl) 3255/2023 Signature Not Verified Digitally Signed By:ROHIT KUMAR Signing Da te:0 5.01.2024 15:21
Page 3 of 3
2 issues framed by the court
Whether this Court has jurisdiction to direct production of a missing person who was last traced to Bihar.
Whether the State has made sufficient efforts to locate the missing person.
DEVENDER SHARMA
STATE NCT OF DELHI
SURESH KUMAR KAIT
MANOJ JAIN
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
