Vipin Katariya & Anr. Vs the State Govt. of NCT of… — Writ and Judicial Review | Delhi HC (2025)

Vipin Katariya & Anr. Vs the State Govt. of NCT of… — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: (i) concerned SHO/IO to file monthly status report before the concerned learned Judicial Magistrate with advance copy to the petitioner; (ii) any clue found about the petitioner's wife to be communicated forthwith to the petitioner; (iii) SHO to transfer the case to the Anti-Human Trafficking Unit (AHTU), Crime Branch, which shall file status reports before the concerned Judicial Magistrate.

Issue for consideration

Whether directions in the nature of habeas corpus should issue to the respondents to produce the petitioner's missing wife, Ms. Aarti. +1 more

Court's answer

The Court accepted the status report position that all possible efforts to trace out the missing wife of the petitioner had been made and that the FIR remained pending investigation.

Ratio / Principle

Having recorded that all possible efforts to trace the missing wife had been made and the FIR was pending investigation, the Court disposed of the writ petition directing the concerned SHO/IO to file a monthly status report before the concerned learned Judicial Magistrate, with advance copy to the petitioner.

Key takeaways

If any clue is found about the petitioner's wife, the same is to be communicated forthwith to the petitioner.ratio¶20
The SHO of the concerned Police Station is further directed to transfer the case to the Anti-Human Trafficking Unit (AHTU), Crime Branch, and the said Branch is directed to file a status report, as indicated above, before the concerned Judicial Magistrate.ratio¶21

Detailed headnote1 paragraphs

Habeas corpus writ petition (W.P.(CRL) 2215/2025, High Court of Delhi, decided 3 November 2025, Vivek Chaudhary and Manoj Jain, JJ.) filed under Article 226 of the Constitution of India read with Section 528 B.N.S.S., 2023 by the husband of a woman (aged 27) missing since 21.02.2025, seeking directions to produce her. DD No. 59A was registered at PS Palam Village on 22.02.2025 and FIR No. 606/2025 under Section 140(3) BNS, 2023 was registered thereunder with active investigation. Per the status report, searches by NCRB, SCRB and CBI teams, publication of photographs in English and Hindi newspapers, checks of nearby shelter homes, ashram, temple and dharamshala, and verification of ZIPNET information yielded no clue. Holding that all possible efforts had been made and the FIR was pending investigation, the Court disposed of the petition directing the concerned SHO/IO to file monthly status reports before the learned Judicial Magistrate with advance copy to the petitioner, to communicate any clue forthwith to the petitioner, and to transfer the case to the Anti-Human Trafficking Unit (AHTU), Crime Branch, which was likewise to file status reports before the Judicial Magistrate.

$~35

IN THE HIGH COURT OF DELHI AT NEW DELHI

% Date of decision:3^rd November,2025

- W.P.(CRL) 2215/2025

VIPIN KATARIYA & ANR. .....Petitioner

Through: Mr. Udit Kr. Thakur & Ms. Monika, Advocates

versus

THE STATE GOVT. OF NCT OF DELHIH AND ORS.

.....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl) for State with Ms. Priyam Agarwal, Mr. Abhinav Arya, Mr. Aryan Sachdeva, Advocates SI Vinod Kumar, PS, Palam Village

CORAM:

HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN

J U D G M E N T

Present petition has been filed under Article 226 of the Constitution of India read with Section 528 B.N.S.S., 2023 and petitioner, inter alia , seeks directions in the nature of Habeas Corpus to the respondents to produce his missing wife i.e. Ms. Aarti.

The brief facts of the case are that on 21.02.2025, petitioner’s wife, aged 27 years, left her residence to meet someone and did not return thereafter. Petitioner tried his best to search for her but it was of no avail. Thereafter, on 22.02.2025, the petitioner approached Police Station where DD No. 59A at Palam Village, New Delhi regarding his missing wife was registered.

As per the status report, it is submitted that FIR No. 606/2025 for offence punishable under Section 140(3) BNS, 2023 has been registered at Police Station Palam Village, Delhi and active investigation is on.

W.P.(CRL) 2215/2025 1

Signature Not Verified

Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.11.2025 16:58:22

As per the status report, search of missing wife of petitioner was concluded by the team of NCRB, SCRB, CBI and the photographs of missing wife of petitioner were also published in English and Hindi newspaper for general public and the search was also made to nearby shelter home, asharam, temple, dharamshala but there is no clue, so far. The information available on ZIPNET was also checked but no clue could be ascertained.

In light of the aforesaid and since all possible efforts to trace out the missing wife of petitioner have been made and the FIR is pending investigation, we hereby dispose of the present writ petition directing the concerned SHO/IO to file monthly status report before the concerned learned Judicial Magistrate, with advance copy to petitioner and, if any, clue is found about the wife of the petitioner, the same be communicated forthwith to the petitioner.

The SHO of the concerned Police Station is also further directed to transfer the case to the Anti-Human Trafficking Unit (AHTU), Crime Branch and the said Branch is directed to file a status report, as indicated above, before the concerned Judicial Magistrate.

With directions as aforesaid, the petition is disposed of.

(VIVEK CHAUDHARY) JUDGE

(MANOJ JAIN) JUDGE

NOVEMBER 3, 2025/ dr/js

W.P.(CRL) 2215/2025 2

Signature Not Verified

Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 4.11.2025 16:58:22