GURMAN KAUR vs THE STATE AND OTHERS
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 06th February, 2024
+ W.P.(CRL) 411/2024 & CRL.M.A. 3784/2024
GURMAN KAUR ….. Petitioner
Through: Mr. Gurmit Singh Hans with Ms.Somya Chugh and Ms. Nishu, Advocates.
versus
THE STATE AND OTHERS ….. Respondents
Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates
Inspr. Yash Pal, Inspr. Dhananjay Pratap, ASI Surender, PS Dabri and W/HC Suman, PS Janakpuri.
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 writ of Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C has been preferred by the petitioner seeking the following prayer:-
Issue a writ of Habeas Corpus or any other appropriate writ, thereby directing the respondent(s) to recover Ms. Damyanti Upadhyay @ Anju from the illegal custody of the Respondent No. 2.
2. Ms. Damyanti @ Anju is present in Court and states that she does not want to live with her in-laws because of the atrocities being committed by them. She further states that she is not comfortable with her parents and would not like to stay with them either. She states that she would like to continue to live with her friend.
3. Respondent is an adult of 36 years of age and is married. Therefore, no further order is required in the petition as even otherwise the petitioner merely wanted her production to assess her well-being.
4. Ms. Damyanti @ Anju, on being asked, states that she has some apprehension and wants her to be escorted back to residence of her friend.
5. Therefore, respondent/State is directed to escort her to a place where she would like to stay and address of her such stay be recorded and such address be communicated to the concerned Police Station by the escorting official.
6. Petition is, accordingly, disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
FEBRUARY, 06, 2024
st
W.P.(CRL) 411/2024 Page 2 of 2