Vishnu Devi v. State Through Sho Ps Narela & ORS.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ VISHNU DEVI .....Petitioner Through:
Mr. Dinesh Malik (DHCLSC), with Mr. Puneet Jain, Ms. Kiffi Aggarwal, Advocates alongwith Petitioner in person. (M:9810306400) versus STATE THROUGH SHO PS NARELA & ORS.
.....Respondents Through:
Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar, Adv.
for State with SI Mahender Patel and ASI Mukesh PS Narela.
The girl has been produced.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA
O R D E R
% 27.01.2025 1.
This hearing has been done through hybrid mode. CRL.M.A.2345/2025 (for exemption) 2.
Allowed, subject to all just exceptions. Application is disposed of. 3.
The present petition has been filed on behalf of the Petitioner-Ms. Vishnu Devi seeking issuance of a writ in the nature of habeas corpus for the production of her minor daughter, who is stated to have gone missing on 30th December, 2024.
4.
It is the case of the Petitioner that on 30th December, 2024 at about 9 am, her daughter left the residence and since then, her whereabouts are The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
unknown.
5.
According to the Petitioner, her daughter left her residence with a boy, who is also a minor. In pursuance to this, an FIR No. 0907/2024 was registered at PS. Narela, Delhi on 30th December, 2024 under Sections 137 of the Bharatiya Nyaya Sanhita.
6.
On 6th January, 2025, the Petitioner is stated to have written a letter to the Chairperson of the Child Welfare Committee, Alipur, Delhi alleging that a boy, 'Mr. A' has taken her daughter away.
7.
The matter has been listed today. A status report dated 27th January, 2025 authored by the SHO, PS. Narela has been handed over to the Court. The same has been taken on record.
8.
According to the said status report, the investigation in the present case was conducted, and both, the minor boy and the girl, were traced in Baddi, Himanchal Pradesh.
9.
Today, the girl has been produced. The Petitioner/mother is also present. The Court has had an in chamber interaction with the parties present. 10.
From the chamber interaction, the facts gleaned are that this is the fourth time the girl has gone away with the same boy. On earlier three occasions, they were traced and were dropped back to their respective homes. Further, the mother has expressed that she is extremely upset with the daughter and is also not willing to accept her back into the house as she has three other children and their life could be adversely affected due to the behaviour of the girl.
11.
The concerned Investigating Officer ('IO') has informed that the boy has been traced and has been handed over to his relatives as he has no parents. The girl does not level any allegations against the boy. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
12.
The girl on the other hand states that she wishes to continue her education and does not wish to work. She is willing to go back to her mother. 13.
In view of the facts presented to the Court, let the parties appear before the Child Welfare Committee, Alipur, Delhi today itself so that the said committee can conduct a proper inquiry and pass necessary directions. The Child Welfare Committee, Alipur, Delhi is directed to ascertain whether to send the girl with the Petitioner/mother or to place her in an appropriate shelter home.
14.
The petition is disposed of in the above terms. No further orders are called for.
15.
Copy of the order be given dasti under the signatures of the Court Master.
PRATHIBA M. SINGH, J.
DHARMESH SHARMA, J.
JANUARY 27, 2025/dk/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.