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High Court of DelhiW.P.(CRL)/775/2025

Kalit Kumar v. State (NCT Of Delhi) And ORS.

2025-03-24Hon'Ble Mr. Justice Anup Jairam Bhambhani,Hon'Ble Mr. Justice Chandra Dhari Singh2 pages

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 775/2025 KALIT KUMAR .....Petitioner Through:

Advocate (presence not given) versus STATE (NCT OF DELHI) AND ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel for the State along with ASI PAwan

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 24.03.2025 1.

The instant matter has been listed on urgent mentioning. 2.

The present petition under Article 226 and 227 of the Constitution of India has been filed on behalf of the petitioner for issuance of a writ in the nature of Habeas Corpus seeking directions to the respondents no. 2 and 3 to produce the detenue, i.e., daughter of the petitioner. 3.

On the last date of hearing, i.e., 10th March, 2025, the State was directed to produce the detenue, and respondent no. 3 before this Court on the next date of hearing which is 28th March, 2025. Further, liberty was granted to the State to mention the matter if the detenue is traced prior to the said date.

4.

Today, the matter was mentioned and the detenue, Ms. Nidhi (daughter of Mr. Kalit Kumar-petitioner) is present before this Court. Upon specific query of this Court, she has stated that she does not wish to live W.P.(CRL) 122/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:43:44

either with her parents or with Mr. Mohan Chaudhary, to whom she married. She has further stated that she left her matrimonial home voluntarily and that she wishes to live with one Mr. Dheeraj. 5.

The father, mother, brother and sister of Ms. Nidhi are also present before this Court.

6.

Learned counsel appearing on behalf of the petitioner submitted that since the detenue is present before this Court, nothing survives for any further adjudication in the instant matter and, therefore, the same may be disposed of.

7.

Heard.

8.

Taking into consideration the aforesaid facts and circumstances along with the statement given by the detenue, nothing is left for any further adjudication in the instant matter.

9.

Accordingly, the instant petition stands disposed of along with the pending application(s), if any.

10.

At this stage, it has been submitted by the learned APP for the State that the detenue is required for recording of her statement before the Magistrate concerned. In view of the same, ASI Pawan is directed to produce the detenue, i.e., Ms. Nidhi before the Magistrate concerned at Rohini Courts today itself in FIR bearing no. 0164/2025 registered at Police Station - North Rohini dated 8th March, 2025. CHANDRA DHARI SINGH, J ANUP JAIRAM BHAMBHANI, J MARCH 24, 2025 rk/ryp Click here to check corrigendum, if any W.P.(CRL) 122/2025 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 25/03/2025 at 13:43:44