SMT. PURNIMA ROY vs STATE GOVT. OF NCT OF DELHI AND ORS.

$~31
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 1st April, 2024

+ W.P.(CRL) 1030/2024
SMT. PURNIMA ROY ….. Petitioner
Through: Mr. Ajay Singh Rathore, Advocate.

versus

STATE GOVT. OF NCT OF DELHI AND ORS. ….. Respondent
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal and Mr. Shivesh Kaushik, Advocates with Insp. Amit Dutt and SI Satender G .
Mr. Medhanshu Tripathi, Advocate for R-5 and 6.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN

J U D G M E N T (oral)

1. The present petition had been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C seeking writ of habeas corpus to the respondent to produce her missing husband of the petitioner.
2. Issue notice. Learned Standing Counsel accepts notice on behalf of the State and has produced status report dated 01.04.2024. The same is taken on record.
3. It is stated in the status report that on 01.02.2024, an information vide GD No. 37 was received at PS Farash Bazar regarding MLC No. 2676/01/24 of Sh. Narottam Singh Chopra (the alleged missing husband of petitioner) aged 82 years, and that the doctors had declared him dead at GTB Hospital, where his friends, Diwakar Kaushik and Prem Narayan were present.
4. Later, his daughter Ms. Simran Kashyap also came to GTB Hospital, who also did not suspect any foul play in his death.
5. On 03.02.2024 the post mortem of his dead body was conducted vide PM No. 170/2024 at GTB Hospital and the dead body was handed over to for the last rites, which was conducted on 03.02.2024 at Shamshan Bhoomi at Purani Seemapuri, Delhi. The GD Entry, PM report and other documents are annexed as Annexure-F of the status report. As per post mortem report, the death is natural, on account of respiratory failure due to lung infection.
6. Learned counsel for petitioner who is present with the petitioner in person submits that she got married at Arya Samaj Vedic Sanskar Trust, Tis Hazari, Delhi on 31.11.2016 with Sh. Narottam Singh Chopra and since then she was staying with him.
7. Since Sh. Narottam Singh Chopra, the alleged husband of petitioner has already expired and his dead body was handed over to daughter, no further order is required to be passed in the present petition. The petitioner is always at liberty to take any action, as she may advised, in view of her alleged matrimonial relationship with said Sh. Narottam Singh Chopra
8. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT)
JUDGE

(MANOJ JAIN) JUDGE
APRIL 1, 2024/sw

W.P.(CRL) 1030/2024 1