Ganga Kumari vs State Of Nct Of Delhi on 4 March, 2025

Delhi High Court – Orders

Ganga Kumari vs State Of Nct Of Delhi on 4 March, 2025

Author: Prathiba M. Singh

Bench: Prathiba M. Singh

                                    $~13
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +                   W.P.(CRL) 4061/2024
                                         GANGA KUMARI                                  .....Petitioner
                                                        Through: Mr. Virendra Singh, Adv.
                                                                  (M: 8588865322) with Petitioner in
                                                                  person.
                                                        versus
                                         STATE OF NCT OF DELHI                         .....Respondent
                                                        Through: Mr. Sanjay Lao, SC (Crl.) with Ms.
                                                                  Priyam Agarwal and Mr. Abhinav Kr.
                                                                  Arya, Advs. with Insp. Pramod Kr. and
                                                                  SI Chetan, PS-AHTU/Outer North
                                                                  District.
                                         CORAM:
                                         JUSTICE PRATHIBA M. SINGH
                                         JUSTICE RAJNEESH KUMAR GUPTA
                                                  ORDER

% 04.03.2025

1. This hearing has been done through hybrid mode.

2. The present petition under Article 226 of the Constitution of India read
with Section 528 of BNSS has been filed by the Petitioner-Smt. Ganga
Kumari seeking issuance of a writ in the nature of habeas corpus for
production of her husband – Mr. ‘S’, who is stated to be about 24 years of age.
He is stated to be missing since 8th May, 2023.

3. According to the Petitioner, on 8th May, 2023, certain persons, who
she suspects, had taken away her husband to an unknown place and thereafter,
they have also made ransom calls. The Petitioner had filed a complaint on
26th September, 2023, at P.S. Samaipur Badli to trace and recover her
husband. In this regard, an application under Section 156 (3) of CrPC has also
been moved by the Petitioner before the concerned Magistrate. Thereafter, a
FIR being FIR No. 720/2023, under Section 365 of IPC has also been

W.P.(CRL) 4061/2024 Page 1 of 6
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registered at P.S. Samaipur Badli.

4. The case of the Petitioner is that she has filed repeated complaints,
however, her husband has not been traced till date and repeated demands for
money are being made by the suspected individuals. Hence, this petition.

5. On 24th December, 2024 a Status Report dated 24th December, 2024
had been handed over in Court. As per the said report, all the four suspects
had been interrogated, however, no fruitful clue has been found. It was further
submitted that there are two other F.I.R’s which are pending against the
Petitioner’s missing husband.

6. Accordingly, on the said date, the Court had directed the State to file a
status report in respect of the two FIRs that were stated to be pending against
the Petitioner’s missing husband.

7. On the last date of hearing i.e. 10th February, 2025 a status report dated
9th February, 2025 had been handed over in Court which showed that two
FIRs were registered against the missing person. FIR No. 376/2020 dated
14th May, 2022, was registered at P.S. SP Badli under Sections 379/411 of
IPC and FIR No. 300/2022 dated 26th April, 2022, registered at P.S. SP Badli
under Section 380 of IPC. The said status report was taken on record.

8. In FIR No. 376/2020, the matter was compounded on 18th March, 2023
and the case was disposed of. Further, in FIR No. 300/2022, the missing
person was released under Section 169 of Cr.P.C. as there was no evidence
against him.

9. Further, on 10th February, 2025, allegations were again made against
various persons in the locality and the Court had directed the statements of
the persons mentioned in the status report dated 24 th December, 2024 to be
recorded by the AHTU, Outer North District.

W.P.(CRL) 4061/2024 Page 2 of 6

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10. Today, a Status Report dated 3rd March, 2025 authored by Inspector,
AHTU has been handed over to the Court. The same has been taken on record.

11. It is stated in the said status report that the statement of Head Constable
Pawan has been recorded. A further FIR being FIR No. 318/2023 has been
registered on 02nd April, 2023 under Section 380 IPC, wherein the missing
person has been accused of stealing four mobile phones.

12. It is also mentioned in the said report that Smt. Manju Devi also came
to the Police Station and stated that she had seen the missing person going out
from her house. The theft allegation was then raised against the Petitioner’s
husband by Smt. Manju Devi. It is further stated that the concerned Head
Constable also tried to trace the missing person but he is not traceable. The
Police suspected that he is hiding in view of the various cases, which have
been registered against him. The relevant portion of the status report reads:-

“3. During further course of investigation statements of
alleged persons namely Dharmender @ Sheru,
Pradeep, Karan, Manju Devi and Beat HC Sandeep
were recorded on 03.03.2025. During interrogation all
the alleged persons mentioned above stated that they are
living in Bhagwanpura Jhuggi, Samaipur Badli. They
stated that on 02.04.2023 Ramjeet’s wife Manju Devi
had seen his neighbor Suraj stealing 4 mobile phones
from her house. In this regard a case E-FIR No. 318/23
dated 02.04.23 u/s 380 IPC PS Samaipur Badli was
registered. The investigation of the case was handed
over to HC Pawan Kumar who visited the address of
Suraj several times, but no clue regarding the Suraj was
found. All the alleged persons claims that Suraj’s mother
Rekha Devi and wife Ganga Kumari have been
harassing them with false accusations of kidnapping
Suraj. They all suspect that Rekha Devi and Ganga
Kumari might be hiding Suraj somewhere else.
Moreover, they stated that Ganga Kumari W/o Suraj

W.P.(CRL) 4061/2024 Page 3 of 6
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had filed a molestation case FIR No. 628/23 dated
03.07.2023 u/s 452/354/34 IPC PS Samaipur Badli,
Delhi against them. Ganga Kumari made false
allegations against them. During sustained
interrogation all the alleged persons mentioned above
stated that they did not visit the address of Rekha Devi
and Ganga Kumari on 08.05.2023 as Rekha Devi used
to abuse him oftenly, they further stated that they are not
familiar with the Police Constable Sandeep. They did
not demand any money from Rekha Devi and Ganga
Kumari but in lieu of dispose of case FIR No. 628/23
both Rekha Devi and Ganga Kumari demanded Rs. 2
lacs from them. Moreover, Manju Devi stated that her
husband Ramjeet is working as truck driver and he had
gone for the last 5-7 days and whenever he will come
she will inform to join the investigation. (Statement of
Dharmender @ Sheru, Karan, Ramjeet and Manju Devi
are enclosed). Both Suraj and Deepak are involved in
theft cases of PS SP Badli (involvement enclosed) and
Deepak is the BC of PS SP Badli.

4. During further investigation statement of HC
Sandeep was also recorded who stated that
investigation of case FIR No. 376/22 u/s 379/411 IPC
PS SP Badli was handed over to him in which the
accused person was Suraj. Previous IO HC Devender
arrested accused Suraj in the mentioned case. The
Chargesheet of the case was filed by him on 27.06.2023.
He did not visit the residence of Suraj. He had filed the
chargesheet of the case that is why Rekha Devi and
Ganga Kumari are making false allegations of
kidnapping Suraj against him. Suraj and his brother
Deepak both are involved in many cases of theft. Deepak
brother of Suraj is the BC of PS SP Badli. He did not
demand any money from Rekha Devi and Ganga
Kumari. (statement of HC Sandeep is enclosed)

5. During further course of investigation statement of

W.P.(CRL) 4061/2024 Page 4 of 6
This is a digitally signed order.

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HC Pawan No. 2220/OND was also recorded who
stated that a case FIR No. 318/23 dated 02.04.23 u/s 380
IPC PS Samaipur Badli regarding stolen of 4 mobile
phones was handed over to him. During investigation
complainant Manju Devi came to police station SP
Badli and stated that she had seen Suraj going out from
her house. She told that she had suspicion over Suraj for
theft of 4 mobile phones from her residence situated at
Bhagwanpura Jhuggi. She did not give any written
statement in this regard. Moreover, HC Pawan also
stated that he had visited several times at the residence
of Suraj in Bhagwanpura Jhuggi, but he did not find
him. So the untraced report of the mentioned case was
filed in the concerned court.”

13. Mr. Sanjay Lao, ld. Standing Counsel submits that the missing person’s
brother is also a BC (‘Bad Character’) of the area.

14. The allegation of the Petitioner is that HC Sandeep is the person, who
is responsible for confining the Petitioner’ husband.

15. Various statements, which have been recorded, have also been placed
on record. The statements of Dharmender @ Sheru, Karan S/o Wakil Sahni,
Pradeep S/o Umesh Sharma, Manju Devi W/o Ramjeet, HC Pawan Kumar as
also HC Sandeep, who was the I.O. of the earlier case, have all been recorded
and the statements have been placed on record.

16. Considering the facts disclosed in the status report dated 3rd March,
2025, the present is not a fit case for entertaining the habeas corpus petition.

17. In view of the above, let the investigation continue for tracing the
husband of the Petitioner and a regular status report be filed before the
concerned Magistrate every three months, with intimation to the Petitioner.

18. A copy of today’s status report has been supplied to the ld. Counsel for

W.P.(CRL) 4061/2024 Page 5 of 6
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the Petitioner.

19. The present petition, along with all pending applications, if any, is
disposed of in the above terms.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J
MARCH 4, 2025/nd/dk/rks

W.P.(CRL) 4061/2024 Page 6 of 6
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 05/03/2025 at 22:13:34