DEVENDER SHARMA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India read with Sec. 482 Cr.P.C. seeking directions to the respondents to produce missing son of the petitioner.

(2.) The petitioner is aggrieved by the fact that on 22/6/2022, petitioner's son, who was working in the Jaquar Company at Bhiwadi reached his house at Delhi and subsequently went missing from there and did not come back. Since then, his mobile phone is also switched off. Petitioner has apprehension that respondent no.3/wife of missing son is behind his disappearance.

(3.) On 5/8/2022, petitioner had filed a complaint about his missing son to the SHO, PS Bhalswa Dairy. Thereafter on 12/8/2022, petitioner filed another complaint to the DCP, North District with the same grievance but no satisfactory response was given and according to him, the police has not made any effort to find out the whereabouts of his missing son. Thereafter, petitioner moved an application under Sec. 97 of Cr.P.C. before the concerned learned Metropolitan Magistrate. However, the same was dismissed vide order dtd. 12/4/2023 on the ground of lack of territorial jurisdiction. Being aggrieved, petitioner filed revision petition before the learned Additional Sessions Judge but the same was dismissed as withdrawn vide order dtd. 21/8/2023.