Shri Joginder v. State & ORS.

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2951/2019 SHRI JOGINDER ..... Petitioner Through Mr. S.D. Windlesh, Advocate along with petitioner with his wife.

versus STATE & ORS.

..... Respondents Through Mr. Rahul Mehra, Standing Counsel (Crl.) along with Mr.

Chaitanya Gosain, GNCTD.

Inspector Yashvir Tyagi, SI Ashish Sharma, P.S. Welcome.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.10.2019 Ms. Sonpari, the minor daughter of the petitioner, Sh. Joginder, has been recovered from Village Simariya, District Bhagalpur, Bihar, by a team of the Delhi Police and has been produced before this Court today. A status report dated 23rd October, 2019, authored by Mr. Ved Prakash Surya, Deputy Commissioner of Police, North-East District, Delhi, has been handed over in Court today. The same is taken on record. Having perused the material on record and heard learned counsel appearing on behalf of the parties, it is evident that, Ms. Sonpari, is a minor, her date of birth being 20th December, 2003. It is also observed that, Ms. Sonpari's statement under Section 164 of the Code of Criminal Procedure, 1973, has been duly recorded by learned Metropolitan Magistrate,

Karkardooma Courts, on the 23rd October, 2019. The minor girl is presently lodged at Sanskar Ashram for Girls, Dilshad Garden, Delhi. We have interacted with the child, as well as, her parents, who are present in person, before us.

Ms. Sonpari has expressed her desire and willingness to return home with her parents. The parents have, on their behalf, undertaken to provide care and protection to Ms. Sonpari and give her all the necessary resources and support, as may be needed by the latter, to secure her welfare and wellbeing. The undertaking given by Mr. Joginder, in this behalf, is hereby accepted, directing him accordingly to comply therewith, without demur. In view of the foregoing, Ms. Sonpari is released into the care and custody of her parents, forthwith.

The Delhi Police is directed neither to cause her further producion before the concerned Child Welfare Committee CWC), nor return her to the Sanskar Ashram For Girls, Dilshad Garden, Delhi. We express our appreciation for the prompt action taken by the DCP of the concerned District and his team, in the present habeas corpus petition. No further directions are called for.

With the above directions, the habeas corpus petition is allowed and disposed of.

A copy of this order be given dasti under signature of the Court Master to learned counsel for the parties.

SIDDHARTH MRIDUL, J I.S.MEHTA, J OCTOBER 24, 2019/RS