IN THE HIGH COURT OF DELHI AT NEW DELHI
USMAN @ KALE VS. STATE (NCT OF DELHI)
W.P.(CRL) 3777/2023
$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3777/2023, CRL.M.A. 35137/2023 & CRL.M.A.
5769/2025 XYZ .....Petitioner Through: Mr. Param Kumar Mishra, Adv.
versus THE STATE NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, SC for the State with SI Anup Kumar, P.S. Sarojini Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 08.12.2025
1. This writ petition seeks a direction to the State for expediting the investigation in the incident reported in FIR No. 320/2023, registered at P.S. Sarojini Nagar for the offence under Section 363 of the Indian Penal Code, 1860, based on the complaint of the Petitioner alleging that her daughter had gone missing on 19th October, 2023. The Petitioner has specifically named one accused, Zakir Ali, who is suspected to have kidnapped the minor; however, it is alleged that no effective action was taken. Consequently, the Petitioner’s daughter has still not been found.
2. Pursuant to the previous order of this Court, a status report has been filed, detailing the steps taken by the State in the course of investigation.
The relevant portion is extracted:
“DETIALS OF ENQUIRY
1. That on 19.10.23 the details of the missing Girl were uploaded on ZIPNET.
2. That on 19.10.23, WT Message to all SHO in Delhi & all SSPs in India was flashed.
3. That call details records of numbers of suspect Zakir were obtained on 21.10.23, 18.11.23, same numbers were given by the complainant himself. The CDR has been analyzed.
4. That local inquiry from Pillanji village has been made.
5. That record of missing person squad was also checked but no clue found.
6. Hue and Cry notice was prepared but same was not published on request of girl’s father.
7. That missing girl’s friends and classmates were inquired but nothing fruitful has been obtained as they had no knowledge about the present whereabouts of missing girl.
8. That on 30.10.2023, IO along with complainant visited the house of alleged Zakir at village Godilla, Distt. Jaunpur, UP and the house was found locked there. In same city IO met the alleged’s Bua and cousin Irshad, who told that Zakir Ali visited them in September 2023, prior to this incident, and asked for some money for his own personal use and he didn’t disclose anything else that time.
9. On 31.10.2023, IO along with complainant visited the house of alleged’s step mother at village Itori Distt Ambedkar Nagar UP and met her mother Sakun and alleged’s Mama Allaudin, both were interrogated and found that the alleged Zakir is not in their contact for the last one and half year and his father is living somewhere in Mumbai, no mobile number was available, no further details were available with them.
10. On 24.01.2024, IO along with victim’s uncle Salim and Mama Shaukat Ali again visited the house of alleged Zakir at village Godilla, Distt. Jaunpur, UP and the notice u/s 41A CrPC has been pasted at his house. On same day house of alleged’s step mother was again visited at village Itori Distt Ambedkar Nagar UP and step mother Sakun and alleged’s Mama Salahuddin were found there. At the same time the Pradhan of the village was also called and small panchayat was done, where it was learnt that the alleged’s family is the only single Muslim family in that village and from last one or two years the alleged has not visited his home town.
11. Physical records of the surrounding police stations have been checked out to trace the missing girl but despite putting sincere efforts she couldn’t be traced so far.
12. That it was learnt that alleged Zakir Ali’s father Lal Mohd. is working somewhere in Malad and Jogeshwari in Mumbai. On 31.01.24, IO along with complainant’s relative Parvez Ahmad visited Malad, Mumbai and search for the alleged’s father was made in factories having clothes sewing works but he was untraced.
13. In further course of investigation after collecting information, on 01.03.2024, the residence of Lal Mohd, i.e., Abdul Rahim Chawl, Laxman Nagar, Kurand Village, Malad, East Mumbai, has been visited, wher
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