Nirmla Devi vs The State (Nct Of Delhi) on 18 February, 2025
DEV
DEV 2025.02.18
14:46:07
+0530
CS SCJ 1060/19 Nirmla Devi Vs. State
record are that Sh. Om Prakash, S/o Sh. Sham Lal has been
missing since 24.05.2009. Thereafter, PW-2, Dilip gave missing
complaint dated. 25.05.2009 at PS Bhajanpura vide DD No. 48B.
Despite complaint, being lodged with the concerned authorities
with respect to the same, police have not been able to trace Sh.
Om Prakash, S/o Sh. Sham Lal. The said missing complaint has
not been challenged or disputed by the defendants. Hence, the
testimony of all the plaintiff's witnesses, clearly establishes that
the plaintiff or her family members are not aware about the
whereabouts of Sh. Om Prakash, S/o Sh. Sham Lal who has been
missing since 24.05.2009. Therefore, for the past more than 10
years, Sh. Om Prakash has not been seen by any of the persons or
heard of as alive by any of his relatives etc. who are supposed to
know about him. Hence, counsel for plaintiff has relied U/s 108
Indian Evidence Act to seek declaration of Sh. Om Prakash as
dead.