Download as pdf or txt
Download as pdf or txt
You are on page 1of 3

$~31

* IN THE HIGH COURT OF DELHI AT NEW DELHI


% Date of decision: 21.12.2023

+ W.P.(CRL) 3804/2023
RANJEET SINGH ..... Petitioner
Through: Mr.Sumit Gaba, Adv.

versus

THE STATE GOVT. OF NCT OF DELHI AND ANR. ..Respondents


Through: Mr.Sanjay Lao, Standing Counsel
(Crl.) with Ms.Priyam Agarwal,
Mr.Abhinav Kr. Arya & Mr.Shivesh
Kaushik, Advs. for State
WSI Ritu Insp.Ashish Kr. Dubey PS
Dwarika South.

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE SHALINDER KAUR

J U D G M E N T (oral)

Crl.M.A. 35382/2023 (exemption)


1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(CRL) 3804/2023
3. Present petition has been filed in the nature of Habeas Corpus under
Article 226 of the Constitution of India read with Section 482 Cr.P.C.
seeking directions to the respondents to produce the petitioner’s minor

W.P.(Crl) 3804/2023
Signature Not Verified Page 1 of 3
Digitally Signed
By:ROHIT KUMAR
Signing Date:22.12.2023
12:42
daughter.
4. The petitioner is aggrieved by the fact that petitioner’s daughter went
missing since 04.12.2023 and FIR No.582/2023 was registered at police
station Dwarka South for the offence under Section 363 IPC.
5. Petitioner has averred in the present petition that earlier also
respondent no.2 kidnapped the minor girl of the petitioner on 07.10.2022
and at that time also, FIR No.527/2022 was registered at police station
Dwarka South for the offence under Section 363 IPC and later on missing
girl was recovered from respondent no.2 and she filed complaint under
section 156(3) Cr.P.C. before the trial court for recording of her statement
under section 164 Cr.P.C. and the same was fixed for 09.12.2023. On
07.12.2023, petitioner’s daughter went missing again and petitioner has
apprehension that again respondent no.2 kidnapped her. Petitioner has
averred that he visited the police station but no satisfactory response was
given and the police did not make any effort to find out the whereabouts of
his daughter till date.
6. Mr.Sanjay Lao, learned Standing Counsel on behalf of the
State/respondent No.1 accepts notice and has produced before this Court
status report dated 21.12.2023 wherein it is stated that during the course of
inquiry, on 01.08.2023, the girl has been recovered from police station
Ratiya, Fethabad, Haryana. Her statement was recorded wherein she stated
that she left her home willingly and her father and maternal grandmother
used to beat her. Her medical examination got conducted which gave no
history of physical or sexual assault or abuse. Thereafter in her statement
under Section 164 Cr.P.C. she corroborated the facts of her earlier statement

W.P.(Crl) 3804/2023
Signature Not Verified Page 2 of 3
Digitally Signed
By:ROHIT KUMAR
Signing Date:22.12.2023
12:42
and the missing girl produced before the CWC and custody was handed over
to the petitioner.
7. Learned Standing Counsel further submits that petitioner again
registered a complaint and all efforts are being taken to trace the missing
girl.
8. In light of the aforesaid and since all possible efforts to trace
petitioner’s daughter have been made, we hereby dispose of the present writ
petition directing the State to file a monthly status report before the
concerned Metropolitan Magistrate and also provide the same to the
petitioner and, if any clue is found about the missing girl of the petitioner,
the same shall be communicated to the petitioner.
9. With directions as aforesaid, the petition stands disposed of.

(SURESH KUMAR KAIT)


JUDGE

(SHALINDER KAUR)
JUDGE
DECEMBER 21, 2023/ab

W.P.(Crl) 3804/2023
Signature Not Verified Page 3 of 3
Digitally Signed
By:ROHIT KUMAR
Signing Date:22.12.2023
12:42

You might also like