W.P.(CRL)/1063/2025 of SHANTANU Vs COMISSIONER OF POLICE & ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1063/2025

SHANTANU

.....Petitioner

Through: Mr. Bharat Bhushan and Mr. Pulkit Sanghi, Advocates

versus

COMISSIONER OF POLICE & ORS.

.....Respondents

Through:

Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva for State with Insp. Kailash and S.I. Ankur, P.S. Tilak Nagar. with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryan Sachdeva for State with Insp. Kailash and S.I. Ankur, P.S. Tilak Nagar.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASADHON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

% 03.04.2025

CRL.M.A. 10115/2025 (Exemption)

Allowed, subject to all just exceptions.

W.P.(CRL) 1063/2025

1.The Petitioner has approached this Court by filing the instant petition under Article 226 of the Constitution of India with the following prayers:-

“I. Issue Writ of Habeas Corpus or for any appropriate writ, order or direction to the Respondents to immediately produce before this Hon'ble Court, the above-mentioned missing person namely Sagar age about 28 years old, S/o Sh. Dharampal R/O A-13, Shubham Enclave, Paschim Vihar, Delhi- 110063. II. Pass an order directing to transfer the investigation to any other investigating agency to trace whereabout

the petitioner’s brother.

III. Pass such other order or orders as this Hon'ble Court may deem fit in the facts and circumstances of the case.”

2.It is stated by the Petitioner that one of his brothers is missing since 26.03.2025. The Petitioner points towards Respondents No.3 to 5 who are running hotel business. It is stated that the Petitioner and his brother were working in the hotel of Respondents No.3 to 5 and there was some enmity between Respondents No.3 to 5 and the Petitioner and his brothers.

3.Mr. Sanjay Lao, learned Standing Counsel for the State, informs this Court that the body of the brother of the Petitioner who was missing has been found on 26.03.2025 at Allam Kasba, PS Kandhla, Shamli, Uttar Pradesh and an FIR being FIR No.138/2025 dated 27.03.2025 for offences under Section 103(1)/238(A) of the BNS has been registered at Police Station Kandhla, Shamli, Uttar Pradesh.

4.In view of the fact that the body of the person who was missing has been found, the petition has been rendered infructuous and is disposed of as such along with pending application(s), if any.

5.It is always open for the Petitioner to take such steps in accordance with law.

SUBRAMONIUM PRASAD, J

APRIL 03, 2025hsk

HARISH VAIDYANATHAN SHANKAR, J