MANISH SHARMA vs STATE OF NCT (DELHI) AND ORS.
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10.01.2024
+ W.P.(CRL) 107/2024
MANISH SHARMA ….. Petitioner
Through: Mr.Ashok Kumar Sharma, Adv.
versus
STATE OF NCT (DELHI) AND ORS. ….. Respondents
Through: Mr.Sanjay Lao, Standing Counsel (Crl) with Ms.Priyam Agarwal & Mr.Abhinav Kr. Arya, Advs.
Insp.Uttam Singh PS Karawal Nagar.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
Crl.M.A.885/2024 (exemption)
1. Allowed, subject to all just exceptions.
2. The application is accordingly disposed of.
W.P.(Crl) 107/2024
3. Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking directions to the respondent to produce petitioners live-in partner.
4. The petitioner is aggrieved by the fact that on 25.10.2023, petitioners partner went to her parents house and thereafter, she is being forcibly confined in her house and has also been beaten up by her parents under the influence of alcohol. He made a written complaint to the SHO police station Karawal Nagar and Commissioner of Police and Deputy Commissioner of Police through speed post on 08.12.2023 but no satisfactory response was given and the police has not made any effort to trace her out and rescue her.
5. Notice issued.
6. Mr.Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State/respondent and submits that such girl has no complaint or grievance against her parents and is present in Court as well. He has also produced status report dated 09.01.2024.
7. We have perused the status report and the same is taken on record.
8. We have interacted with the girl in question who is aged 18 years. Her mother is also present in Court. The girl submits that she would like to stay with her parents only and has no problem whatsoever in staying with them.
9. Since she is major, she is at liberty to stay wherever she wants.
10. In view of abovesaid, no further order is required to be passed in the present petition and the same is, accordingly, disposed of.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN)
JUDGE
JANUARY 10, 2024/ab
W.P.(Crl) 107/2024 Page 1 of 2