Harish Kumar v. The State Govt. Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ HARISH KUMAR .....Petitioner Through:

Mr. Jai Subhash Thakur, Advocate.

versus THE STATE GOVT. OF NCT OF DELHI AND ANR.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Aggarwal & Mr. Abhinav Kumar Arya, Advs.

alongwith Insp. Mintu Singh Gautam and ASI Surender, PS-SP Badli.

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE RAJNEESH KUMAR GUPTA

O R D E R

% 10.03.2025 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed on behalf of the Petitioner- Mr. Harish Kumar under Article 226 of the Constitution of India seeking issuance of a writ in the nature of habeas corpus for the production of his daughter, who is stated to be missing since 14th February, 2025. 3.

A brief background of the present case is that on 14th February, 2025 at around 4:00 am, the Petitioner found that his daughter, aged about 16 years, is not at her residence and has been missing. The date of birth of the Petitioner's daughter is stated to be 26th January, 2009. Thereafter, an FIR bearing No. 185/2025 dated 14th February, 2025, was registered at P.S. Samaypur Badli under Section 137(2) of the BNS. 4.

It is the allegation of the Petitioner that his daughter is illegally detained The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

by one, Mr. Deepak.

5.

On the last date of hearing i.e., 18th February, 2025 a status report dated 18th February, 2025 was handed over to the Court. The same stated that the suspect, Mr. Deepak appears to be accompanying the girl. In view thereof, the Court directed the investigation to continue and the girl as also the boy be produced on the next date of hearing.

6.

Today, the girl has been produced. A status report dated 10th March, 2025 authored by S.H.O, PS. Badli, Delhi has been handed over to the Court. The same has been taken on record.

7.

The said status report shows that after detailed investigation, a raid was also conducted in Jaunpur, Uttar Pradesh based on the location disclosed by the Call Data Record ('CDR') of Mr. Deepak. However, there was no trace of the girl and the boy at the said location. Finally, they were traced in Delhi. The girl has been finally traced along with her friend Mr. Deepak at the Crime Branch, Red Light, Sector 18 Rohini, Delhi.

8.

The Court has had an in-chamber interaction with the Petitioner/father and the girl. The girl is studying in the eleventh standard and wishes to pursue her education. She has not made any allegations against the boy, Mr. Deepak of any sexual intercourse or physical contact. 9.

Let the statement of the girl under Section 183 of the BNSS be recorded.

10.

The statement of the girl before the Child Welfare Committee ('CWC') shall also be recorded and the matter may be proceeded with in accordance with law. The ld. Counsel appearing for the father submits that they don't press any charges against the boy.

11.

The Petitioner has assured the Court that the girl's education would not The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

be hampered in any manner.

12.

Inspector Mintu Singh Gautam from PS, SP Badli shall keep in touch with the girl at least on a weekly basis for the next 3 to 4 months to ensure her well-being.

13.

The petition is disposed of in the above terms. Pending application(s), if any, also stands disposed of.

PRATHIBA M. SINGH, J.

RAJNEESH KUMAR GUPTA, J.

MARCH 10, 2025/nd/rahul/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.