RANJEET SINGH vs THE STATE GOVT. OF NCT OF DELHI AND ANR.
$~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 petitioners minor daughter.
4. The petitioner is aggrieved by the fact that petitioners 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, petitioners 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 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 petitioners 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 Page 1 of 3