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High Court of DelhiW.P.(CRL)/1115/2025

Shri Sunil Rai v. Govt. Of NCT Of Delhi And ORS.

2025-05-16Hon'Ble Mr. Justice Subramonium Prasad,Hon'Ble Mr. Justice Harish Vaidyanathan Shankar3 pages

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1115/2025 SHRI SUNIL RAI .....Petitioner Through:

Mr. Satyanarayan, Adv.

versus GOVT. OF NCT OF DELHI AND ORS.

.....Respondents Through:

Mr.

Sanjay Lao (Standing Counsel (CRL)) with Mr.

Abhinav Kumar Arya, Ms.

Priyam Agarwal, Mr. Aryan Sachdeva, Advs.

Mr. Sanjeev Sabharwal, Sr.

Panel Counsel with Ms. Shweta Singh & Ms. Mansi Sharma, Advs.

Mr. Vedansh Anand (Gp).

SI Baney Singh.

CORAM:

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

O R D E R

% 16.05.2025 1.

The present writ petition has been filed to trace and produce the daughter of the Petitioner who has been missing since 23.11.2024. 2.

It is the case of the Petitioner that no efforts had been taken by the Police to search his daughter.

3.

The daughter of the Petitioner is produced before the Court. 4.

The Status Report reveals that the Petitioner's daughter has given a statement that she had left her house on her own accord and she got married to one Sachin S/o Chaudhi R/o Village Jawar Ataria, Police Station Sandali, District Hardoi, Uttar Pradesh, at a temple. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

The school records states that the date of birth of the missing girl is 17.12.2008.

6.

An FIR No. 635/2024 dated 04.12.2024 has been registered under Section 137(2) of the Bharatiya Nyaya Sanhita, 2023 at Police Station, Punjabi Bagh.

7.

It is pertinent to mention that the daughter of the Petitioner has filed W.P. (CRL) 1203/2025 for quashing the said FIR on the ground that the date of birth which has been mentioned in the school record as 17.12.2008 is wrong and the correct date of birth is 12.12.2006, making her a major.

8.

Since this Court is only concerned with the petition for habeas corpus of the girl and the girl having been produced, the present petition has become infructuous.

9.

Since the issue as to what is the correct date of birth of the girl is pending in CRL. 1203/2025, this Court is not making any observation on the age of the Petitioner's daughter. 10.

We have interacted with the daughter of the Petitioner and also the Petitioner and his wife.

11.

The daughter of the Petitioner states that she does not want to go back to her parents. She also states that she has married to one Sachin.

12.

In view of the facts of this case and in view of the desire of the Petitioner's daughter that she does not want to go back to her parent's house, this Court is inclined to send the daughter of the Petitioner to Nari Niketan where she is, at present, lodged. 13.

The Nari Niketan is directed to ensure the safety of the Petitioner's daughter.

14.

No further orders are required to be passed.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

15.

The writ petition stands disposed of.

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 16, 2025/v The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.