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Godi Raja Kumari vs Nct Of Delhi & Ors on 9 November, 2020

Author: Vipin Sanghi

Bench: Vipin Sanghi, Rajnish Bhatnagar

                                $~6.
                                *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +       W.P.(CRL) 1456/2020 and CRL.M.A. 12661/2020
                                        GODI RAJA KUMARI                                 ..... Petitioner
                                                             Through:   Mr. R. Balaji & Mr. Sravan Kumar,
                                                                        Advocates.
                                                    versus

                                        NCT OF DELHI & ORS.                              ..... Respondents
                                                             Through:   Mr. Rahul Mehra, Standing Counsel
                                                                        and Mr. Chaitanya Gosain, Advocate,
                                                                        for the respondent/ State.
                                                                        Ms. Amrita Prakash, Advocate for
                                                                        respondents No.2 & 5/ CISF.

                                        CORAM:
                                        HON'BLE MR. JUSTICE VIPIN SANGHI
                                        HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

                                                                   ORDER

% 09.11.2020

1. Counter-affidavit has been filed on behalf of respondents No.2 & 5/ CISF.

2. The AHTU, Crime Branch has filed a status report. The same has been perused and discussed at some length during the hearing. Though a perusal of the status report shows that some investigation has been conducted, a lot is left to be desired. The statements of two friends/ colleagues of the missing person, namely Kapil and J.B. Naidu, have not been recorded. Their Call Details Record (CDR) has been applied for only recently.

3. The stand taken by the CISF is that the leave sought by the missing person was sanctioned on 26.05.2020 for the leave from 27.05.2020 onwards. It has not been examined as to when this leave was actually sanctioned. The status report also does not talk about the G.D. Entry with regard to the missing person entering and leaving the CISF office on 26.05.2020. These are only some of the aspects in respect whereof the investigation appears to be incomplete. We are not very happy with the status report, as filed. We transferred the investigation to the AHTU Crime Branch expecting that thorough investigation would be undertaken. We grant one more opportunity to the IO concerned to carry out more comprehensive investigation in the matter and file a better status report. We direct that the further status report be also filed under the signatures of the DCP, AHTU, Crime Branch, Delhi. The status reports should be shared with the learned counsel for the CISF as well.

4. The petitioner may file rejoinder to the counter-affidavit filed by respondents No.2 & 5 and may also deal with the present status report filed by the Police. The same be filed within two weeks from today.

5. There are claims & counter-claims as to whether, or not, the salary of the missing person for May 2020 has been released. The CISF shall place on record documentary evidence to show that the salary for May, 2020 has been credited into the account of the missing person.

6. So far as the pension is concerned, learned counsel for the CISF points out that in respect of a person who goes missing, pension can be paid under the Rules only after expiry of six months from the date when the person goes missing. The said period in this case is expiring on 04.12.2020.

The petitioner may fill up the requisite forms so that the said pension could be released.

7. List on 07.12.2020.

VIPIN SANGHI, J RAJNISH BHATNAGAR, J NOVEMBER 9, 2020 N.Khanna Signature Not Verified Digitally Signed By:BHUPINDER SINGH ROHELLA Signing Date:10.11.2020 10:40