Delhi High Court
Ajit Kumar Mishra vs State Of Nct Of Delhi & Anr. on 13 May, 2020
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IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 13.05.2020
W.P.(CRL) No.808/2020
SH. AJIT KUMAR MISHRA ..... Petitioner
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. F.K. Jha, Advocate
For the Respondents : Mr. Rahul Mehra, Standing Counsel (Criminal) with
Mr. Chaitanya Gosain, Advocate for R-1/GNCTD
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
JUDGMENT
S I D D H A RT H M R I D U L , J . ( O P E N C O U RT - V I D E O
CONFERENCING)
The writ present petition has been taken-up for hearing by way
of Video-Conferencing on account of lockdown due to COVID-19.
CRL.M.A.6324/2020 (Exemption)
Exemption allowed, subject to all just exceptions..
The application stands disposed of accordingly.
W.P.(CRL) 808/2020 and CRL.M.A.6325/2020 (Directions)
1. By way of the present habeas corpus petition under Article 226
of the Constitution of India and Section 482 of the Code of
Criminal Procedure 1973 the petitioner prays as follows:-
"(i) Issue a writ of habeas corpus thereby directing the
respondent to produce petitioner's wife Ms.
Vandana Mishra, 2½ year old daughter Vidya
Mishra and about 01 year old daughter Mahi Mishra
before this Hon'ble Court, in the interest of justice.
(ii) Pass any other order/relief, which this Hon'ble
Court may deem fit and proper in favour of the
petitioner, in the interest of justice."
2. We have heard learned counsel appearing on behalf of the
petitioner as well as Mr. Rahul Mehra, learned Standing Counsel
(Criminal) for Government of NCT of Delhi, who appears on
advance notice on behalf of the respondents.
3. Evidently Mrs. Vandana Mishra, who is the estranged wife of the
petitioner Mr. Ajit Kumar Mishra, has not been arrayed as a
respondent to the present habeas corpus petition. It is also the
admitted position that Mrs. Vandana Mishra is currently living at
the Shakti Shalini Shelter Home, 6/30 Lower Ground Floor,
Kargil Park Lane, Jangpura, New Delhi-110014 along with their
two minor daughters namely Vidya Mishra and Mahi Mishra.
This Court is also informed that Mrs. Vandana Mishra has made
a statement on 13.05.2020 before the Investigating Officer
against her husband, wherein she has stated that after an
altercation with her husband Mr. Ajit Kumar Mishra she was
evicted by the latter from their matrimonial home on 14.04.2020.
4. In view of the foregoing, Mr. Jha, learned counsel appearing for
the petitioner, limits the relief in the present writ petition to only
seeking a direction to respondent No.2/Shakti Shalini Shelter
Home to permit his wife Mrs. Vandana Mishra to speak with the
petitioner over the telephone.
5. In view of the foregoing, the only course that commends itself to
us is to direct respondent No.2/Shakti Shalini Shelter Home to
permit Mrs. Vandana Mishra, the estranged wife of the petitioner,
to talk to the latter telephonically, if she so desires of her own
free will.
6. No further directions are called for in the present petition.
7. With the above directions, the present writ petition is disposed
of. The pending application also stands disposed of.
8. A copy of this judgment be uploaded on the website of this Court
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
ANUP JAIRAM BHAMBHANI
(JUDGE)
MAY 13, 2020
dn/Ne
