KAMLESH vs THE STATE OF NCT OF DELHI & ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 21.12.2023
+ W.P.(CRL) 3508/2023
KAMLESH ….. Petitioner
Through: Mr.Sudarshan Rajan & Mr.Hitain Bajaj, Advs.

versus

THE STATE OF NCT OF DELHI & ORS. ….. Respondents
Through: Mr.Sanjay Lao, Standing Counsel (Crl.) with Ms.Priyam Agarwal, Mr.Abhinav Kr. Arya & Mr.Shivesh Kaushik, Advs. for StateInsp.Subhash Kumar PS Kalyanpuri.
ASI Johri Lal PS Kalyanpuri.

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. 32631/2023 (exemption)
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
W.P.(Crl) 3508/2023
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 production of Ms. ‘K’ before this Court.
4. The petitioner is aggrieved by the fact that daughter of the petitioner was missing since 24.10.2023. Petitioner and his family members tried to search but could not trace her. Therefore, she registered a complaint vide GD No.0147A dated 27.10.2023 against one suspect Sonu who earlier threatened to kidnap the missing girl. Despite her all efforts, police have failed to register an FIR. Hence, the present petition.
5. Notice issued.
6. Mr.Sanjay Lao, learned Standing Counsel appearing for the State accepts notice and submits that alleged missing girl appears through video conferencing and this Court interacted with the girl. She submits that she is major and has married to one Sonu out of her own free will and without any compulsion. She further submits that she is living happily as wife of Sonu.
7. Petitioner/mother of the Ms. ‘K’ is present in Court and submits that Sonu was already married with one Muslim lady, whereas this fact has been disputed by the missing girl and submits that marriage between Sonu and his first wife has already been dissolved. She is aware of all the facts and she wants to live with her husband.
8. No further order is required to be passed.
9. The petition is disposed of.

(SURESH KUMAR KAIT)
JUDGE

(SHALINDER KAUR)
JUDGE
DECEMBER 21, 2023/ab

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