Mumtaza Bano & Anr. Vs State of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2026)

Mumtaza Bano & Anr. Vs State of NCT of Delhi & Anr. — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

Respondents directed to register an FIR under the appropriate provisions of law concerning the missing person; respondents to file quarterly Status Reports before the learned Magistrate on the efforts made to trace out the missing person; petitioners entitled to join in such proceedings.

Issue for consideration

Whether a Writ in the nature of Habeas Corpus should be issued directing production of Mr. Shabir Ahmed Shah (aged about 35 years), missing since 16.02.2025 and alleged to be in illegal detention. +1 more

Court's answer

The petition is disposed of by directing the respondents to register an FIR under the appropriate provisions of law regarding the missing person, to file quarterly Status Reports before the learned Magistrate on the efforts made to trace him, with the petitioners entitled to join such proceedings.

Ratio / Principle

Given the Status Reports detailing the police's extensive efforts to trace Mr. Shabir Ahmed Shah (inquiries at 137 police stations across Delhi-NCR, negative responses from Director/CBI, Director/NCRB and SCRB, CCTV footage perused, leads followed up, yet no trace found), the Court does not have enough material to find even prima facie merit in the petitioners' submission that he is in illegal detention.

Detailed headnote1 paragraphs

Habeas Corpus - Missing Person - Petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking production of Mr. Shabir Ahmed Shah (aged about 35 years), missing since 16.02.2025 and alleged to be in illegal detention - Police Status Reports (dated 03.02.2026 and 20.04.2026) detailed tracing efforts: inquiries from 137 Police Stations across Delhi-NCR including Ghaziabad, Meerut, Karnal, Panipat, Jhajjar, Baghpat, Gurugram and Gautam Budh Nagar; inquiries from Director/CBI, Director/NCRB, SCRB etc., all responding in the negative; CCTV footages of multiple areas perused and other leads followed up; despite best efforts no trace of the missing person found - Bench held that, given the Status Reports, it did not have enough material to find even prima facie merit in the petitioners' apprehension of illegal detention - Petition disposed of by directing respondents to register an FIR under the appropriate provisions of law, to file quarterly Status Reports before the learned Magistrate on tracing efforts, with the petitioners entitled to join such proceedings.

$~4 (03.03.2026)

IN THE HIGH COURT OF DELHI AT NEW DELHI

W.P.(CRL) 401/2026 MUMTAZA BANO & ANR.

.....Petitioners

Through: Mr.Mushtaq Ahmad Mir, Adv.

versus

STATE OF NCT OF DELHI & ANR.

.....Respondents Through: Mr.Sanjay Lao, Standing Counsel (Crl.) with Mr.Aryan Sachdeva, Adv. SI Vipul Tomar, PS-Nabi Karim.

CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

O R D E R % 25.04.2026

Though this matter was listed on 03.03.2026, in terms of Circular No. 64/G-4/Genl.-I/DHC dated 27.02.2026, the same has been listed today.

The present Writ Petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a Writ in the nature of Habeas Corpus, directing production of Mr.Shabir Ahmed Shah, aged about 35 years, who is said to be missing since 16.02.2025.

In the petition, it is alleged that the petitioners apprehend that he

This is a digitally signed order.

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is in illegal detention.

Pursuant to notice issued on the petition, Status Report dated 03.02.2026 was filed by the Police. Today, the learned Standing Counsel for the State has handed over a further Status Report dated 20.04.2026. The same is taken on record. 5. The Status Reports detail the efforts made to trace Mr. Shabir Ahmed Shah, which include making inquiries from 137 Police Stations across Delhi-NCR including Ghaziabad, Meerut, Karnal, Panipat, Jhajjar, Baghpat, Gurugram, Gautam Budh Nagar. Inquiries have also been made from Director/CBI, Director/NCRB, SCRB, etc., who have all responded in the negative of Mr. Shabir Ahmed Shah being in their custody. The other steps taken include making inquiries from the persons with whom, according to the petitioners, Mr.Shabir Ahmed Shah was last in contact with. The CCTV footages of multiple areas have also been perused and various other leads have been followed up. However, despite all best efforts no trace of the missing person has been found.

Though the learned counsel for the petitioners insist that the petitioners apprehend that Mr. Shabir Ahmed Shah is in illegal detention, however, given the Status Reports, we do not have the enough material to find even prima facie merit in the said submission. 7. Accordingly, we dispose of the present petition by directing the respondents to register an FIR under the appropriate provisions of law. The respondents shall file quarterly Status Reports before the learned Magistrate of the efforts made to trace out the missing person. In such proceedings, the petitioners shall be entitled to join.

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 29/04/2026 at 14:53:43

The petition is disposed of in the above terms.

NAVIN CHAWLA, J

RAVINDER DUDEJA, J

APRIL 25, 2026/Arya/ik

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 29/04/2026 at 14:53:43