Delhi High Court
Radha vs State Of Nct Of Delhi & Ors. on 26 May, 2023
Neutral Citation Number 2023:DHC:4053-DB
#S-29
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment Delivered On: 26.05.2023
W.P.(CRL) 609/2023
RADHA ..... Petitioner
versus
STATE OF NCT OF DELHI & ORS. .... Respondents
Advocates who appeared in this case:
For the petitioner : Mr. Hitain Bajaj, Advocate.
For the respondents : Mr. Sanjay Lao, Standing Counsel (Criminal) for the
State with Ms. Priyam Agarwal & Mr. Abhinav
Kumar Arya, Advocates with SI Sandeep Kumar,
P.S.: Prem Nagar.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
JUDGMENT
SIDDHARTH MRIDUL, J. (OPEN COURT)
1. 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, most respectfully prayed that this
Hon'ble Court may kindly be pleased:
A) Issue a writ in the nature of Habeas Corpus
Signature Not Verified directing the police to produce the minor girl
Digitally Signed Ms. X before this Hon'ble Court.
By:AANCHAL TAGGAR
Signing Date:02.06.2023 18:14
Neutral Citation Number 2023:DHC:4053-DB
b) Pass such other further order or orders as this
Hon'ble Court may deem fit and proper in the
facts of the case and in the interest of justice."
2. The status report dated 26.05.2023 authored by Inspector
Rajeev Ranjan, Station House Officer (SHO)/ PS: Prem Nagar,
Rohini, Delhi has been handed over in Court today. The same is taken
on record and we have perused the same.
3. The Delhi Police has facilitated the presence of Ms. 'X', the
missing minor daughter of the petitioner, before this Court; from the
care and custody of the former's mother Ms. Radha, the petitioner
herein.
4. The Child Welfare Committee (CWC) - Outer Rohini & North
West Delhi, before whom Ms. 'X'- who is admittedly a minor- was
produced, has vide order dated 24.05.2023 already restored the care
and custody of Ms. 'X' to her biological mother.
5. It is further an admitted position that Ms. 'X''s date of birth has
been verified as 25.12.2005. A copy of the 10th Certificate of Ms. 'X',
issued by the Central Board of Secondary Education, Delhi, (Date of
issue- 11.11.2022); as well as the Aadhar Card clearly and
unequivocally reflects her Date of Birth as 25.12.2005.
6. Ms. 'X' was also escorted by the Delhi Police for the recording
Signature Not Verified
of her statement under Section 164 of the Code of Criminal Procedure,
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023 18:14
Neutral Citation Number 2023:DHC:4053-DB
1973, before the concerned Metropolitan Magistrate, Rohini Court,
New Delhi, which was duly recorded on 23.05.2023, by the latter.
7. In view of the foregoing, learned counsel appearing on behalf of
the petitioner states that the relief of habeas corpus petition stands
satisfied.
8. The writ petition is disposed of accordingly.
9. However, the SHO, P.S.: Prem Nagar, is directed to investigate
the circumstances in which Ms. 'X', who is admittedly a minor went
missing in relation to FIR No. 30/2023, P.S.: Prem Nagar, under
Section 363 of the Indian Penal Code, 1860 and file a status report in
this behalf, within six weeks from today, before the Court of
competent jurisdiction, in accordance with law.
10. Dasti.
11. Copy of the Judgment be uploaded on the website of the Court,
forthwith.
SIDDHARTH MRIDUL
(JUDGE)
TALWANT SINGH
(JUDGE)
MAY 26, 2023/mr
Signature Not Verified
Digitally Signed
By:AANCHAL TAGGAR
Signing Date:02.06.2023 18:14
