SMT.SHABNAM vs STATE OF NCT OF DELHI & ANR.

$~(urgent mentioning)
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 18th March, 2024
+ W.P.(CRL) 632/2024
SMT. SHABNAM ….. Petitioner
Through: Mr. Prashant Sharma and Mr. Iftkhar
Ahmed, Advocates.
versus

STATE OF NCT OF DELHI & ANR. ….. Respondents
Through: Mr. Sanjay Lao, Standing
Counsel (Crl.) with Ms. Priyam
Agarwal and Mr. Abhinav
Kumar Arya, Advocates with
Inspr. Ram Pal, PS Ambedkar Nagar with Ct. Kamini.
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
HON’BLE MR. JUSTICE MANOJ JAIN

J U D G M E N T (oral)

1. Matter has been taken up on mentioning.
2. Present petition has been filed by the petitioner seeking following prayer:-
“It is, therefore, most respectfully prayed to this Hon’ble Court that may kindly be pleased to pass a direction in the nature of Habeas Corpus by directing to the respondent No.I to 2 to search & produce the missing daughter of petitioner namely Fiza Saifi before this Hon’ble Court, in the interest of justice.”

3. Vide order dated 05.03.2024, respondent/State was directed to make further efforts to trace out the missing girl and produce her before the Court as and when rescued/recovered.
4. Learned Standing Counsel for the State has produced the status report dated 18.03.2024. The same is taken on record.
5. Learned Standing Counsel for the State submits that during the course of investigation, the missing daughter of the petitioner Ms. Fiza Saifi, who is stated to be 22 years old, has been traced out. As per status report, after verification of the phone number of the missing daughter of the petitioner, it learnt that missing girl was residing in a PG in Kolkata. She was informed about the complaint and was asked to appear before the Court. On 16.03.2024, she herself came to Police Station, Ambedkar Nagar and her statement under Section 161 Cr.P.C. had been recorded. She has, reportedly, not indicted anyone in her such statement.
6. Ms. Fiza Saifi, the daughter of the petitioner is present in Court. We have interacted with her and she states that she is 22 years old and she went to Kolkata in search of job for earning livelihood. She submits that when she came to know about the complaint, she came back to Delhi. She further states that she wants to go back to her parents, who are present in Court.
7. In view of the above, since Ms. Fiza Saifi, the daughter of the petitioner is 19 years old and has independent right to take decision of her own and now wishes to go back to her parents, who are also ready to keep her with them, no further orders are required to be passed in the present petition.
8. Petition is, accordingly, disposed of.

(SURESH KUMAR KAIT)
JUDGE

(MANOJ JAIN)
JUDGE
MARCH 18, 2024
st

W.P.(CRL) 632/2024 Page 1 of 3