Ankit Kumar v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 400/2020 ANKIT KUMAR ..... Petitioner Through Mr. Amresh Anand and Mr. Gaurav Grover, Advocates along with petitioner.

versus STATE & ORS ..... Respondents Through Mr. Sanjay Lao, Additional Standing Counsel along with Mr. Chaitanya Gosain and Mr. Karanjeet Sharma, Advocate for State.

Inspector Subhash Meena, SHO, P.S.

Swaroop Nagar, W/SI Amolak, IO, Ms.

Meenu Mehta, Chairperson, CWC-I, Ms. Anita, Superintendent, Children Home, Nirmal Chhaya and Ms.

Priyanka, Welfare Officer, Nirmal Chhaya.

Ms. Amisha Kumari and Baby Avni, present in person.

CORAM:

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

O R D E R

% 12.02.2020 Ms. Amisha Kumari and her new born daughter Avni, are present before this Court, in terms of the directions issued vide order dated 10th February, 2020.

A perusal of Annexure P-6 at page No. 40 of the present writ petition reflects that the petitioner has instituted a proceeding before the Child Welfare Committee (CWC), seeking release of Ms. Amisha Kumari i.e., his legally wedded wife and their child Avni, into his care and custody.

In view of the above, whilst seeking leave to withdraw this petition, the petitioner prays for a direction to the concerned Child Welfare Committee to determine his petition/application expeditiously, in accordance with law.

Leave and liberty granted.

The petition is dismissed as withdrawn and disposed of accordingly. However, the CWC-I, Nirmal Chhaya Complex, Jail Road, Hari Nagar, Janak Puri, New Delhi-110064, is hereby directed to determine the petitioner's petition/application, after affording him a reasonable opportunity of being heard, by way of a speaking order, within a period of five working days from today.

In the meantime, Superintendent, the Nirmal Chhaya Complex, Jail Road, Hari Nagar, Janak Puri, New Delhi-110064, where Ms. Amisha Kumari and Avni, are currently lodged, is directed to permit the petitioner Mr. Ankit Kumar, to interact with them at all reasonable hours, in accordance with law and the rules.

No further directions are called for.

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 FEBRUARY 12, 2020/RS