Court On Its Own Motion v. State & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 740/2019 COURT ON ITS OWN MOTION ..... Petitioner versus STATE & ANR.

..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel (Crl.) with Insp.

Vijay Kumar Kataria, SHO Mangolpuri and Insp.

Jaspal Singh, PS Mangolpuri, Delhi.

SI Gunjan Singh, AHTU/Criminal Branch.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 02.04.2019 1.

An affidavit of the SHO, PS Mangol Puri is stated to have been filed in the Registry on 29.03.2019, but the same is not on record. A copy thereof is handed over. The said affidavit was directed to be filed by the SHO, PS Mangol Puri to explain the steps taken by him to trace the missing girl from the date of registration of the FIR i.e. from 03.06.2016 onwards. Today, the missing minor girl is also present along with her parents. 2.

Mr. Mehra, learned Standing Counsel (Crl.) states that the DOB of the missing girl is 05.03.2003. She was traced and found at Ballabhgarh on 14.03.2019 with one Kishan against whom her parents had a suspicion. Kishan was arrested on the same day. The girl was medically examined and W.P.(CRL) 740/2019

her statement was recorded on 15.03.2019, under Section 164 Cr.P.C. wherein she stated that she had got married to the accused, Kishan at Ballabhgarh of her own free will and is living happily with him. When she was asked if she wanted to return to her parents, she had refused to do so. She was then sent to Nirmal Chhaya on 15.03.2019. On 27.03.2019, the girl was produced before the Child Welfare Committee, Avantika, Delhi where her custody was handed over to her parents.

3.

The parents of the minor girl are present today along with their daughter. We have interacted with them. They are cautioned to ensure that they take good care of their daughter, who is still a minor as there is a likelihood of her attempting to elope again with Kishan, if and when he is released.

4.

As for the affidavit of the SHO, PS Mangol Puri, explaining the steps taken upon registration of the FIR in the present case, we have perused the same and find that there are several laches. However, having regard to the fact that though the matter was transferred on the last date of hearing to AHTU/Crime Branch, it is with the efforts made by the SHO, PS Mangol Puri, that the minor girl has finally been recovered, the matter is closed here while issuing a warning to him to be more diligent in the future. 5.

The petition is disposed of.

HIMA KOHLI, J.

VINOD GOEL, J.

APRIL 02, 2019 "SDP"

W.P.(CRL) 740/2019