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High Court of DelhiW.P.(CRL)/1273/2024

Shashi Ranjan v. State Of (Gnct Of Delhi)

2024-04-25Hon'Ble Mr. Justice Suresh Kumar Kait,Hon'Ble Mr. Justice Manoj Jain2 pages

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1273/2024 & CRL.M.A.12361/2024 SHASHI RANJAN ..... Petitioner Through:

Mr. Babul Kumar, Advocate through vc versus STATE OF (GNCT OF DELHI) ..... Respondent Through:

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

Abhinav Arya, Mr. Shivesh Kaushik, Advocates for State with SI Tilak Raj

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN

O R D E R

% 25.04.2024 1.

The present writ petition has been preferred by the petitioner under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking issuance of a writ in the nature of habeas corpus to produce Ms. Asmita Kumari, who is wife of the petitioner. 2.

Petitioner is aggrieved by the fact that on 05.04.2024, while he was in office, his sister informed him that father of his wife came to his house and forcefully took his wife with him. Thereafter, approached the police but the police refused to register any complaint. Hence, the present petition has been filed.

3.

Petitioner claims to be husband of Ms. Asmita Kumari, who is, presently, admittedly staying with her father. Petitioner claims that he married to the above-named girl but even the learned counsel for the W.P.(CRL) 1273/2024 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 29/04/2024 at 12:48:58

petitioner, who appeared through video conferencing, admitted that there was no proof showing the marriage to be lawful. There is no registration of such marriage anywhere, either.

4.

The girl in question is staying with her father which can't be said to be amounting to any kind of illegal detention. Moreover, the petitioner has no locus standi to seek her production as there is no proof of any lawful marriage between them.

5.

In view of above, the present petition is dismissed being not maintainable.

6.

Pending application also stands disposed of.

SURESH KUMAR KAIT, J MANOJ JAIN, J APRIL 25, 2024/rk W.P.(CRL) 1273/2024 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 29/04/2024 at 12:48:58