MOHD DANISH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The hearing of the case was conducted through video conferencing.

(2.) It is stated in the present petition that the petitioner is a Cab Driver by Profession and he is currently working with HCL Gurgaon on contractual basis. Petitioner used to be on night duty from evening till morning. He was attached with HCL through one vendor, namely, Ravi Tour and Travels for past six months.

(3.) Case of the petitioner is that one maternal aunt, one elder sister and maternal uncle of the petitioner reside in the Chandbagh area. The said maternal aunt is mother-in-law of the elder sister of the petitioner residing currently at C-89, Street No.1, Moonga Nagar, Karawal Nagar Road, Delhi-110094 while the maternal cousin named Ikram of the petitioner resides at Street No.3, Karawal Nagar Road, Chandbagh. On 23rd February, 2020, petitioner along with his cousin Ashu decided to leave for Chandbagh to pay a visit to the relatives. On said day, things were as usual calm and normal. It was only on 24th February that things started worsening up. Late mother (she was alive on that day) of the petitioner called and asked the petitioner to stay at maternal aunt's/elder sister's place till the things get normal and return home at Loni thereafter. On 25th February around 6:00 am in the morning, petitioner returned to his residence where his parents were residing, i.e. H. No.110, Gali No.3, Rabbani Masjid, Prem Nagar, Loni Ghaziabad, UP. However, on 10.03.2020 that petitioner got a call from one lady customer asking for petitioner's cab on monthly basis. Accordingly, petitioner left his residence at Loni to reach at the customer's location on 10.03.2020 and while petitioner was en-route, that he was confronted by Nandnagri Police Personnel. He was brought to Nandnagri Police Station and thereafter, he was taken to Crime Branch, Lodhi Road. Petitioner was arrested while being at work.