Lokesh Kumar vs Union Of India & Ors
2019 Latest Caselaw 6651 Del

#14

         IN THE HIGH COURT OF DELHI AT NEW DELHI

                                               Judgment delivered on: 18.12.2019

W.P.(CRL.) 2599/2019

LOKESH KUMAR                                         ..... Petitioner

                              Versus



UNION OF INDIA & ORS.                                ..... Respondent

Advocates who appeared in this case:
For the Petitioner  : Mr. Manish Sharma, Advocate with Mr. Ninad Dogra, Advocate
For the Respondents : Mr. Subhash Gosai, Advocate with Mr. Amit Kumar Dogra, Advocate
                      for R-1
                      Mr. Chaitanya Gosain, Advocate for Mr. Rahul Mehra, Standing
                      Counsel (Criminal) with Inspector Manoj and Sub-Inspector Bansi Lal,
                      Police Station- Kotla Mubarak Pur for R-2 to R-4

CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE I.S. MEHTA

                                  JUDGMENT

SIDDHARTH MRIDUL, J (ORAL)

1. The present habeas corpus writ petition under Article 226 of the

Constitution of India read with Section 482 of the Code of Criminal

Procedure, 1973, is in relation to the purported missing of Jaidev, the 33 year

old, deaf and dumb, brother of Lokesh Kumar, the petitioner herein.

2. It is observed that Jaidev is stated to have left his house No.1623, Near

Badi Gumbad, Kotla Mubarak Pur, New Delhi on 08.07.2018 at about 8:00

PM without any information to the members of his immediate family.

3. A Missing Person Report registered as DD No.19A on 19.01.2019 in

this behalf, has been enquired into inter alia by the Deputy Commissioner of

Police, South District. A case FIR No.208/2019, under Section 365 of

Indian Penal Code, 1860 has also been registered at Police Station - Kotla

Mubarak Pur on 10.07.2019 and the investigation is currently underway.

4. Mr. Manish Sharma, learned counsel appearing on behalf of the

petitioner states that, in view of the circumstance that, Jaidev was spotted by

himself by his brother Veeru, in the first week of August, 2019 near Badi

Gumbad, Kotla Mubarak Pur, during evening hours, but disappeared into the

congested streets, despite being hailed and followed by the former; as well as

the circumstance that the police have left no stone unturned in locating him;

he has instructions not press this petition any further, whilst seeking a

direction to the Delhi Police to continue with the investigation.

5. The petition is accordingly dismissed as not pressed and disposed of.

6. The Delhi Police is, however, directed to continue to make efforts to

locate Jaidev, in order to ensure his safety and well being. The Delhi Police

are further directed to keep the Court of competent jurisdiction apprised in

this regard, on a monthly basis.

SIDDHARTH MRIDUL (JUDGE)

I.S. MEHTA (JUDGE)

DECEMBER 18, 2019 dn