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High Court of DelhiW.P.(CRL)/885/2024

Dr Seema Kumar v. State Govt Ofnct Of Delhi ,India And ANR

2024-03-15Cases Pertaining To Spl.Division Benches3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DR SEEMA KUMAR ..... Petitioner Through:

Ms. Anjana and Mr. Dharmendra Kumar, Advocates versus STATE GOVT OF NCT OF DELHI, INDIA AND ANR ..... Respondents Through:

Mr. Sanjay Lao, Standing Cousnel (Crl.) with Ms. Priyam Agarwal, Mr.

Abhinav Kumar Arya Mr.

Shivish Kaushik, Advocates

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE GIRISH KATHPALIA

O R D E R

% 15.03.2024 CRL.M.A. 8371/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

3.

The present petition has been filed by the petitioner under Article 226/227 read with Article 32 of the Constitution of India seeking directions to the respondents to produce her husband before this Court; directions to respondent Nos.1-4 to save and produce the CCTV footage of all the cameras installed at the entry and exit gates of Sarvit Apartments, Sector-17, Dwarka, New Delhi for 12.03.2024 from 9:45 PM till 11:15 PM before this The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Court; and directions to respondent concerned to take appropriate action against respondent No.5 for abducting and detaining her husband. 4.

Petitioner is aggrieved by the fact that on 12.03.2024 around 9:30 PM, while she was at home with her family members, three unknown persons knocked their door and after opening the door, they forcefully entered the house threatening her minor children abducted her husband. They also destroyed many articles and looted belongings of the petitioner and her family members. She further alleged that the said three persons demanded ransom of Rs.15 lakhs. Thereafter, around 11:15 PM, the petitioner visited Police Station Dwarka North, Delhi to search for her husband but could not get his whereabouts. On 13.03.2024, the petitioner called police control room and informed about abduction of her husband. Petitioner also made a complaint to DCP Dwarka, Delhi on 14.03.2024 to Police Commissioner, Delhi but no action has been taken. Hence, the present petition has been filed.

5.

Notice issued.

6.

Mr. Sanjay Lao, Standing Counsel accepts notice on behalf of respondents, who has handed over copy of FIR and a copy of bail application which are taken on record.

7.

Learned Standing Counsel submits that an FIR No.0006/2024 dated 13.03.2024, for the offence under Sections 406/419/420 IPC has been registered at Police Station Cyber Crime, District Palwal, Haryana against petitioner and her husband for which the petitioner filed an application under Section 438 Cr.P.C. before learned District & Sessions Judge, Dwarka Courts, New Delhi seeking anticipatory bail whereby she stated that Haryana Police (Cyber Crime Branch) came to her residence to arrest her The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

husband at night at about 09:30 PM on 12.03.2024 without serving any kind of summons/warrant etc. It is further submitted that the petitioner further stated in the said application that the Haryana Police (Cyber Crime) arbitrarily, unlawfully not obeyed the directions issued by the Hon'ble Supreme Court, Hon'ble High Court National Human Rights Commission.

8.

Learned Standing Counsel submits that the said application seeking anticipatory bail was subsequently withdrawn by petitioner, however, this fact has not been mentioned in the present writ petition. 9.

This Court specifically puts a query to learned counsel for petitioner as to why the aforesaid fact has been concealed in the present petition. 10.

Learned counsel for petitioner replies that the petitioner did not disclose the said fact to him.

11.

At this stage, learned counsel for petitioner, on instructions, seeks permission to withdraw the present writ petition. 12.

Permission granted.

13.

Accordingly, the present writ petition is dismissed as withdrawn. SURESH KUMAR KAIT, J GIRISH KATHPALIA, J MARCH 15, 2024/rk The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.