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Delhi High Court - Orders

Vandana vs State Through Sho Ps Amar Colony & Anr on 11 July, 2024

Author: Prathiba M. Singh

Bench: Prathiba M. Singh, Amit Sharma

                                    $~43
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +                                                 W.P.(CRL) 2071/2024
                                                VANDANA                                                                         .....Petitioner
                                                                                      Through:                 Mr. Dinesh Malik Advocate
                                                                                                               (DHCLSC) along with Advocates
                                                                                                               Mr. Puneet Jain and Ms. Kiffi
                                                                                                               Aggarwal. (M: 9810306400)
                                                                                      versus

                                                STATE THROUGH SHO
                                                PS AMAR COLONY & ANR.                    .....Respondents
                                                             Through: Mr. Sanjay Lao, Standing Counsel
                                                                       (Crl.) with Ms. Priyam Agarwal and
                                                                       Mr. Abhinav Kumar Arya, Advs. for
                                                                       R-1 with Insp. Rizwan SI Suraj
                                                                       Chauhan.
                                                CORAM:
                                                JUSTICE PRATHIBA M. SINGH
                                                JUSTICE AMIT SHARMA
                                                            ORDER

% 11.07.2024

1. This hearing has been done through hybrid mode. CRL.M.A.20056/2024 (for exemption)

2. Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 2071/2024

3. The Petitioner has filed the present writ petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking a writ of habeas corpus directing the Respondents to produce her mother, who is missing since 15th May, 2019.

4. The case of the Petitioner is that her mother went missing on 15th May, 2019 and the father of the Petitioner had informed the PS Amar Colony about 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 13/07/2024 at 02:29:13 the missing status of the wife on 27th May, 2019. It is stated that the Petitioner was a minor when her mother went missing. According to the Petitioner, her father repeatedly visited the police station to gather information about the mother. However, no information was received.

5. On 13th March, 2024, the Petitioner is stated to have received a call on her mobile, which enquired about the Petitioner's mother and she came to know that certain Aadhaar card details being updated on her mother's Aadhaar card. When the Petitioner tried to find out further information, the information was not made available, hence this petition.

6. The Petitioner is stated to have written a letter dated 20th March, 2024 to S.H.O. PS Amar Colony to inform regarding the said call and requesting the S.H.O to find out the whereabouts of the Petitioner's mother and her updated number.

7. The Status Report dated 11th July, 2024 has been filed by Mr. Sanjay Lao, ld. Standing Counsel (Crl.) to the effect that efforts were made to contact the UIDAI for obtaining the updated mobile number on the Aadhaar card of the mother of the Petitioner. However, they referred the police authorities to UIDAI, Lucknow Office.

8. Under such circumstances, as this is a writ of habeas corpus, issue notice to Mr. Sushil Raj, the Counsel for UIDAI, (M: +91 9212717171), to obtain the updated details from UIDAI as also any further information including the address etc., which may be available with them, in respect of the Aadhaar card of the Petitioner's mother whose details are available in the petition. A copy of the petition may be provided to the ld. Counsel for UIDAI.

9. Let the same be placed before this Court in the sealed cover on the next date of hearing.

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 13/07/2024 at 02:29:13

10. List on 23rd July, 2024.

PRATHIBA M. SINGH, J AMIT SHARMA, J JULY 11, 2024/dk/bh/NS 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 13/07/2024 at 02:29:14