Prem v. Govt Of NCT Delhi & ORS.

$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 976/2025 & CRL.M.A. 9231/2025 PREM .....Petitioner Through:

Mr. Manish Miglani, Mr. Mohit Miglani and Ms. Parul Sharma, Advs.

versus GOVT OF NCT DELHI & ORS.

...Respondents

Through:

Mr.

Sanjay Lao, Standing Counsel (Criminal) for State with Ms. Priyam Aggarwal, Mr.

Abhinav Kr. Arya and Mr.

Aryan Sachdeva, Advs. along withIO SI Sohan Lal with W/Ct. Hemlata.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

O R D E R

% 21.04.2025 W.P.(CRL) 976/2025 1.

The Petitioner has filed the instant petition under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 to trace and produce the daughter of the Petitioner, who according to the Petitioner was a minor. The reliefs as sought by the Petitioner are reproduced herein below: "A. Issue a writ of Habeas Corpus directing the Respondents, particularly the State of NCT of Delhi, to produce the minor victim, before this Hon'ble Court and to ensure her immediate recovery from the illegal detention of Mohammad Yunus.

B. Direct an independent investigation into the failure of the Investigating Officer to act in a timely and effective manner, including the delay in the registration of the FIR, and the failure to apprehend 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 25/04/2025 at 11:09:52

the accused Mohammad Yunus.

C. Direct that immediate steps be taken by the police to ensure the safety and well-being of the minor victim and to protect her from any harm, exploitation, or abuse.

D. Pass such other and further order(s) as this Hon'ble Court may deem fit and proper in the interest of justice in favour of the Petitioner."

2.

The daughter of the Petitioner has been traced. 3.

Though the Petitioner states that the daughter of the Petitioner is a minor, however, the school records indicate that the date of birth of the Petitioner's daughter is 09th December 2006 and therefore she had attained majority on 09th December 2024 and when she left her house she was already a major.

4.

The daughter of the Petitioner who appeared before us, has informed the Court that she had left her house in February 2025, after attaining majority and has gotten married to one Mr. Sanjeev Yadav S/o Mr. Sanoj Yadav, resident of Purnia, Bihar. 5.

Mr. Sanjeev Yadav is also present before the Court and he states that he has married the Petitioner's daughter at Jalandhar and now the girl is staying with his parents at Purnia, Bihar. 6.

In view of the fact that the daughter of the Petitioner is a major and she has gotten married and is staying with the parents of her husband on her own accord, the writ petition has become infructuous. 7.

The writ petition along with pending applications, if any, is disposed of.

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

APRIL 21, 2025/nd 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 25/04/2025 at 11:09:52