Delhi High Court
Sarita vs State & Ors. on 24 May, 2023
Neutral Citation Number: 2023:DHC:3727-DB
#S-54
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 24.05.2023
W.P.(CRL) 926/2023
SARITA ..... Petitioner
versus
THE STATE & ANR .... Respondents
Advocates who appeared in this case:
For the petitioner : Mr. Shivek Trehan (DHCLSC), Advocate.
For the respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) for the
State with Ms. Priyam Agarwal & Mr. Abhinav
Kumar Arya, Advocates with S.I. Ashish Malik,
P.S.: South Rohini.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. The present writ petition has been taken up on urgent
mentioning, by Mr. Sanjay Lao, learned Standing Counsel (Criminal)
for the State.
2. The present writ petition under Article 226 of the Constitution
of India, read with Section 482 of the Code of Criminal Procedure,
1973, has been instituted on behalf of the petitioner, praying as
follows:
''It is therefore, prayed that this Hon'ble Court
may be graciously pleased to:
Signature Not Verified
Digitally Signed
Signing Date:26.05.2023
16:30:45
Neutral Citation Number: 2023:DHC:3727-DB
a. Issue a writ in the nature of Habeas Corpus or
any other writ, order or direction as may be
deemed appropriate by this Hon'ble Court
directing the Respondents to locate and produce
the daughter of the Petitioner, namely Ms. V, aged
16 years, resident of D-17/328, Sector-3, Rohini-
110085, New Delhi before this Hon'ble Court, and
b. Pass any other or further orders, as this Hon'ble
Court may deem fit and proper in the facts and
circumstances of the present case'
3. At the outset, Mr. Shivek Trehan, learned counsel appearing on
behalf of the petitioner states, that a charge-sheet has also been filed in
the present proceeding, in FIR No. 29/2023, dated 16.01.2023, P.S.:
South Rohini, under Sections 363/366/376 of the Indian Penal Code,
1860, and Sections 6/17 of the The Protection of Children from Sexual
Offences (POCSO) Act, 2012.
4. The Delhi Police has handed-up a status report dated
23.05.2023, made by SHO, P.S.: South Rohini, along with a copy of
the MLC and statement under Section 164 of the Code of Criminal
Procedure, 1973, in the Court today. Let the same be taken on record.
5. We are informed at the Bar, that Child Welfare Committee
(CWC)- Avantika, has, on 23.05.2023, restored the care and custody
of Ms. 'V', to her mother namely, Ms. Sarita, the petitioner herein,
who is also present before this Court, today.
6. Ms. 'V' was also escorted for her Medico Legal Examination
(MLC bearing no. 132), on 21.05.2023, conducted by Dr. Ritu Singh
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Digitally Signed
Signing Date:26.05.2023
16:30:45
Neutral Citation Number: 2023:DHC:3727-DB
at Dr. Baba Saheb Ambedkar Hospital, Delhi.
7. A perusal of the said status report reflects that Ms. V's
statement under Section 164 of the Code of Criminal Procedure, 1973,
has been recorded before the competent Magistrate, Mahila Court,
North-West District, Rohini Courts, Delhi, on 22.05.2023, in FIR No.
29/2023, P.S.: South Rohini, under Sections 363/366/376 of the Indian
Penal Code, 1860, and Sections 6/17 of the The Protection of Children
from Sexual Offences (POCSO) Act, 2012.
8. Ms. 'V', the hitherto missing approximately 17-years old
daughter (Date of Birth: 25.08.2006, as mentioned in the Birth
Certificate dated 30.08.2006, issued by the GNCTD) of Ms. Sarita, the
petitioner herein, is present before this Court, along with her mother,
the petitioner herein.
9. In view of the foregoing, the relief of habeas corpus prayed for
in the present proceeding stands satisfied.
10. No further relief is prayed for.
11. Accordingly, the present writ petition is allowed and disposed
of, with a direction to the SHO, P.S.: South Rohini, to provide
adequate security to Ms. 'V' and her immediate family, in case of any
threat or apprehension expressed by them qua the status of the accused
persons in the subject FIR. The Delhi Police is further directed to
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Digitally Signed
Signing Date:26.05.2023
16:30:45
Neutral Citation Number: 2023:DHC:3727-DB
furnish to the petitioner (the mother of Ms. 'V') with the cell-phone
number of the SHO, South Rohini (Contact No.- 8750870328) as also
cell-phone number of the concerned beat constable (Mr. Rakesh,
Contact No.- 9278046076) and of the lady constable (S.I. Esha,
Contact No.- 7020623047), who may be available to Ms. 'V' and her
immediate family, in the case of any eventuality.
12. Directed accordingly.
13. The date already fixed, i.e., 31.05.2023, stands cancelled.
14. Dasti.
15. Copy of the Judgment be uploaded on the website of the Court,
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
MAY 24, 2023
Aanchal
Signature Not Verified
Digitally Signed
Signing Date:26.05.2023
16:30:45
