$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI # CNR No. DLHC010455082026 + W.P.(CRL) 2974/2026 HIMANSHU KHATRI .....Petitioner Through: Mr.Prashant Malik & Mr.Aman Kharb, Advs. versus STATE (GOVT. OF NCT OF DELHI) & ANR......Respondents Through: Mr.Sanjay Lao, Sr. Adv. & Mr.Aman Usman, APP for the State with Mr.Abhinav Kr.Arya, Mr.Aryan Sachdeva & Ms.Priyam Agarwal, Advs. along with Insp. Sudhir Rathi, PS Narela Industrial Area, Delhi. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE ARUN BHARDWAJ O R D E R % 24.09.2026 1. The present petition has been filed by the petitioner through his mother as pairokar, under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking issuance of a Writ in the nature of Habeas Corpus, directing the respondents to produce the petitioner, claiming that he is in illegal detention. 2. It is stated that the petitioner left his residence on 13.09.2026, informing his mother that he was going for some work and would return in a day or two. As he did not return, the mother of the 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 28/09/2026 at 12:18:45 petitioner approached the Police Station Narela Industrial Area and lodged a complaint, which was initially not entertained and was finally registered only on 18.09.2026. It is further stated that the mother of the petitioner was informed by a person in civil clothes in the vicinity of the Police Station that the petitioner, along with one, Anil @ Goni, had been detained by SI Nishant of Special Cell, Delhi Police. The mother of the petitioner, therefore, filed an Application before the learned Chief Judicial Magistrate, New Delhi, Patiala House Courts (in short, ‘CJM’), whereupon a Report was called from the Special Cell. In the Report dated 19.09.2026 filed by the Special Cell, it was stated that no person with the petitioner’s name had been arrested or detained by the Special Cell. Based on the said Report, the learned CJM, by an Order dated 19.09.2026, disposed of the Application filed by the petitioner’s mother as infructuous. 3. Claiming that the whereabouts of the petitioner are still not known, the mother of the petitioner has filed the present petition, again alleging that the petitioner is in the illegal custody of the respondents. 4. The petition was listed before this Court, on being mentioned on 22.09.2026, when notice was issued to the respondents. 5. Mr. Sanjay Lao, learned Senior Counsel appearing for the respondents, hands over a copy of the Status Report dated 23.09.2026, which, inter alia, states that non-bailable warrants have been issued against the petitioner in FIR No. 629/2024, under Section 309(4) of the Bharatiya Nyaya Sanhita, 2023 (in short, ‘BNS’) registered at Police Station Narela Industrial Area, Delhi and that when the same 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 28/09/2026 at 12:18:45 were sought to be executed, the mother and the sister of the petitioner made a statement on 18.09.2026 that the petitioner was not available at the house and had, in fact, not come to their house since February 2026. 6. The Status Report further states that the petitioner is also wanted and is purposefully evading arrest in FIR No. 124/2026 dated 20.03.2026, under Sections 103(1)/109(1)/61/3(5) of the BNS and Sections 25/27 of the Arms Act, 1959, registered at Police Station Bawana, Delhi, wherein his involvement, along with one Anil @Goni @Sonu, has been disclosed by the other accused persons. Notice under Section 35 of the BNSS has also been pasted at the residential premises of the petitioner in connection with the investigation. It is stated that despite efforts being made to trace the petitioner, the whereabouts of the petitioner remain unknown. The petitioner is also stated to be involved in FIR No. 289/2024 under Section 309(6) of the BNS and FIR No. 459/2024 under Sections 2 and 3 of the Uttar Pradesh Gangsters and Anti-Social Activities (Prevention) Act, 1986, registered at Police Station Siyana Bulandshahr, Uttar Pradesh. 7. The learned Senior Counsel for the respondents, on instructions, submits that, leave alone the petitioner not being in their custody, in fact, efforts are being made to trace him so that he can be arrested in execution of the non-bailable warrants mentioned hereinabove, as also in connection with FIR No. 124/2026. 8. Though the learned counsel for the petitioner, on instructions, denies that the mother and sister of the petitioner made any statement regarding the whereabouts of the petitioner being unknown since 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 28/09/2026 at 12:18:45 February 2026, the fact remains that the respondents have categorically stated that the petitioner is not in their custody and, in fact, the respondents are making efforts to trace him so that he can be arrested in execution of the non-bailable warrants as also in connection with the FIR mentioned above. 9. At this stage, the learned counsel for the petitioner prays for leave to withdraw the present petition. 10. The petition is, accordingly, disposed of as withdrawn. NAVIN CHAWLA, J ARUN BHARDWAJ, J SEPTEMBER 24, 2026/rv/Yg 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 28/09/2026 at 12:18:45