IN THE HIGH COURT OF DELHI AT NEW DELHI

WRIT PETITION (CRIMINAL) NO. 150 OF 2025

IN THE MATTER OF:

ANITHA , Wife of Mr. A Residing at: Gandhi Nagar Ballari , ballri , Karnataka pincode -563101

...PETITIONER

AND

1. STATE OF DELHI

Through: Chief Secretary, Government of Delhi

Delhi Secretariat, I.P. Estate, New Delhi

2. THE DEPUTY COMMISSIONER OF POLICE

Delhi Cantonment, New Delhi

3. THE DISTRICT MAGISTRATE

Delhi Cantonment, New Delhi

4. THE SUPERINTENDENT

Tihar Central Jail, New Delhi

...RESPONDENT
WRIT PETITION UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA FOR ISSUANCE OF WRIT OF
HABEAS CORPUS

TO THE HON'BLE CHIEF JUSTICE AND HIS COMPANION JUSTICES OF THE HIGH COURT OF DELHI

THE HUMBLE PETITION OF THE PETITIONER ABOVE-NAMED

MOST RESPECTFULLY SHOWETH:

Here's a rewritten version of the petition with more concise sentences:

IN THE HON'BLE COURT OF

PETITION FOR HABEAS CORPUS

PARTIES

1. The Petitioner is the [relationship] of Mr. A, a professional contractor in Delhi Cantonment, filing
this petition in his bonafide interest and in the interest of justice.

2. Respondent No. 1: State of Delhi, responsible for maintaining law and order.
3. Respondent No. 2: Deputy Commissioner of Police, Delhi Cantonment, who arrested the detenu.

4. Respondent No. 3: District Magistrate, Delhi Cantonment, who directed the arrest.

5. Respondent No. 4: Superintendent of Tihar Central Jail, Delhi, where the detenu is detained.

JURISDICTION

This Hon'ble Court has territorial and subject matter jurisdiction under Article 226 of the Constitution
of India.

FACTS

- Mr. A was arrested on [Date] allegedly in connection with smuggling activities under the NDPS Act.

- The detenu's family was not informed about his arrest or detention.

- The detention appears to violate fundamental rights under Articles 14, 19, 20, 21, and 22.

GROUNDS

- Violation of Article 22: No grounds of arrest were informed, and no legal representation was

provided.

- Non-compliance with mandatory provisions: Sections 50 and 41A of the CrPC, and relevant NDPS
Act provisions.

- Illegal and arbitrary detention: No arrest memo, no production before a magistrate, and no legal
aid.

RELIEFS SOUGHT

- Issue a writ of habeas corpus to produce the detenu.

- Declare the detention illegal and unconstitutional.

- Direct immediate release and award compensation.

INTERIM RELIEF

- Produce the detenu before the Court immediately.

- File a detailed reply regarding the circumstances of arrest.

UNDERTAKING

The Petitioner undertakes to pay costs if the petition is found frivolous.

NO OTHER REMEDY

No efficacious remedy is available except approaching this Hon'ble Court.

LIMITATION

The petition is filed within limitation as the illegal detention continues.

VALUATION

The petition is valued at Rs. 1,00,000/- for jurisdiction and court fees.
AND THE PETITIONER AS IN DUTY BOUND SHALL EVER PRAY

PRAYER

In the light of the facts and circumstances stated above, the Petitioner humbly prays that this Hon'ble
Court may be pleased to:

1. Issue a writ of habeas corpus directing the Respondents to produce the detenu, Mr. A, before this
Hon'ble Court forthwith.

2. Declare the detention of the detenu as illegal, arbitrary, and unconstitutional.

3. Direct the immediate release of the detenu if his detention is found to be illegal.

4. Award appropriate compensation to the detenu for his illegal detention.

5. Pass such other and further orders as this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case.

PETITIONER

THROUGH:

ADVOCATE

Deepika

ENROLMENT NO: [NUMBER]

PLACE: New Delhi

DATE: [Date]

VERIFICATION

I, [Name of Petitioner], the Petitioner above-named, do hereby solemnly affirm and state that the
contents of paragraphs 1 to 10 of the above petition are true and correct to the best of my
knowledge and belief based on records and no part of it is false and nothing material has been
concealed therefrom.

I further state that this petition is being filed Bonafide and in the interest of justice.

VERIFIED at New Delhi on this _____ day of _______, 2025.

[SIGNATURE OF PETITIONER]

List of documents

1.Copy of complaint filed at local police station

2. Any available documents related to the detenu

3: Copy of any communication with authorities (if any)

4: Affidavit of attempts made to locate the detenu

COPY OF COMPLAINT FILED AT LOCAL POLICE STATION

To

The Station House Officer

Police Station: [Name of Police Station]

Delhi

Subject: Missing Person Report - Mr. A

Sir/Madam,

I, [Name of Complainant], S/o D/o [Father's Name], aged [Age] years, residing at [Complete Address],
contact number [Mobile Number], do hereby lodge this complaint regarding my [relationship] Mr. A,
who has gone missing under suspicious circumstances.

DETAILS OF MISSING PERSON:

-Name: Mr. A

Age: [Age] years

Father's Name: [Father's Name]

Address: [Complete Address]

Occupation: Professional Contractor

Physical Description: Height [X] ft, complexion [fair/dark], build [medium/thin/heavy]

Last seen wearing: [Description of clothes]

CIRCUMSTANCES:

1. Mr. A left home on [Date] at approximately [Time] for his routine business work in Delhi
Cantonment area.

2. He was expected to return by evening but failed to come home.

3. His mobile phone has been switched off since [Date/Time].

4. We contacted his business associates and clients but none had any information about his
whereabouts.

5. We searched at his usual business locations but could not trace him.

6. This is highly unusual behavior as he always informs family about his movements.

REQUEST:

I request you to kindly register an FIR and initiate immediate search operations to trace Mr. A. I
suspect he may have met with some accident or foul play.

I am ready to cooperate in the investigation and provide any additional information required.

Yours faithfully,
[Signature]

[Name of Complainant]

Date: [Date]

Time: [Time]

POLICE STATION ACKNOWLEDGMENT:

Complaint No.:[Number]

Date Received:[Date]

Receiving Officer: [Name & Designation]

Signature: [Signature]
AFFIDAVIT OF ATTEMPTS MADE TO LOCATE THE DETENU

BEFORE THE HON'BLE HIGH COURT OF DELHI AT NEW DELHI

IN THE MATTER OF:

Writ Petition (Criminal) No. 150of 2025

Anitha vs. State of Delhi & Ors.

AFFIDAVIT

I, [Name of Deponent], S/o D/o [Father's Name], aged [Age] years, residing at [Complete Address], do
hereby solemnly affirm and state as under:

RELATIONSHIP AND CONCERN:

I am the wife of Mr. A, who has been missing since [Date]. I have personal knowledge of the facts
stated herein.

I am filing this affidavit to place on record the various attempts made by me and family members to
locate Mr. A.

IMMEDIATE SEARCH EFFORTS:

When Mr. A did not return home on [Date], we immediately contacted his friends and business
associates.

We visited his regular work sites in Delhi Cantonment area on [Date] and [Date].

We checked with local hospitals in Delhi Cantonment and nearby areas on [Date] and [Date].

We contacted his mobile service provider to trace his last location, but the phone remained switched
off.

POLICE COMPLAINT:

On [Date], I filed a missing person complaint at [Police Station Name] vide Complaint No. [Number].
Despite filing the complaint, no concrete action was taken by police to trace Mr. A.

On [Date] and [Date], I visited the police station for follow-up but received no information.

The investigating officer informed that no progress had been made in locating Mr. A.

EXTENDED SEARCH EFFORTS:

We distributed Mr. A's photographs in Delhi Cantonment area and nearby localities.

We approached his bank to check for any recent transactions - last transaction was on [Date].

We contacted Delhi Traffic Police to check for any accident reports - no records found.

We visited Tihar Jail on [Date] to inquire about any recent arrests but were denied information.

LEGAL CONSULTATIONS:

On [Date], we consulted a lawyer who advised filing habeas corpus petition.

We approached local legal aid clinic for guidance on [Date].

Multiple visits were made to District Court to understand the legal process.

MEDIA AND SOCIAL EFFORTS:

We posted Mr. A's details on social media platforms seeking information.

We contacted local newspapers to publish missing person notice.

We approached local RWA and market associations for assistance.

GOVERNMENT OFFICES:

We visited District Magistrate office on [Date] seeking help in tracing Mr. A.

We approached Delhi Police Headquarters on [Date] for information.

We submitted representations to Deputy Commissioner of Police office.

DISCOVERY OF DETENTION:

On [Date], through unofficial sources, we learned that Mr. A may be detained in connection with
some case.

Despite this information, official authorities have not confirmed his detention or whereabouts.

We have been unable to meet him or ascertain the charges against him.

FINANCIAL HARDSHIP:

The family has incurred significant expenses in search efforts amounting to approximately Rs.
[Amount].

Mr. A being the sole earning member, family is facing financial difficulties.

CONCLUSION:

Despite exhaustive efforts for over [Number] days/weeks, we could not locate Mr. A through normal
channels.

The lack of information from authorities has caused immense mental agony to the family.

I am constrained to approach this Hon'ble Court seeking justice.

PRAYER:

I pray that this Hon'ble Court may consider the efforts made by us and grant appropriate relief for
production of Mr. A and disclosure of his detention details.

VERIFICATION

I, [Name of Deponent], the deponent above-named, do hereby verify that the contents of
paragraphs 1 to 11 above are true and correct to the best of my knowledge and belief. No part of it is
false and nothing material has been concealed.

Verified at New Delhi on this _____ day of _______, 2025.

[SIGNATURE OF DEPONENT]**

ATTESTATION

Certified that the above affidavit was affirmed before me by the above-named deponent who is
known to me/has been identified by [Name of Identifier] who is known to me.**

[SIGNATURE OF NOTARY/OATH COMMISSIONER]

[Name & Designation]

[Seal]

Date: [Date]

SUPPORTING DOCUMENTS ANNEXED:

1. Copy of missing person complaint filed at police station

2. Photographs of Mr. A

3. Copy of mobile phone bills showing last usage

4. Receipts of expenses incurred in search

5. Copies of representations submitted to various authorities

6. Medical certificates (if any family member fell ill due to stress)

7. Income proof showing Mr. A as sole earner