Babita Bisht v. State Of NCT Of Delhi & ORS.

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1317/2025 BABITA BISHT .....Petitioner Through:

Mr.Yogesh kumar & Saurav Sharma, Advs.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Akash verma, Sr Standing Counsel for CBIC along with Ms Aanchal Uppal, Adv. for R-1,3,4 Mr Vivek Sharma SPC, Ms Prernaa Singh Advocate Insp Surender Kumar Mr. Sumit K Batra, Advocate for R2,5,6 Mr. Harpreet Singh, Senior Standing Counsel along with Ms. Suhani Mathur, Mr. Jai Ahuja and Mr.

Akshay Saxena, Advs. for R-4

CORAM:

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

O R D E R

% 25.04.2025 CM APPL. 12406/2025 (Exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 1317/2025 1.

The present Writ Petition has been filed by the Petitioner for production and release of two minor children, who are the nephews of the Petitioner herein. It is stated that the Petitioner is the aunt of the children. It The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

is the case of the Petitioner that the father of the children has killed their mother and the children have been kept in illegal detention at the residence of their father.

2.

The facts of the case reveal that the dead body of the mother of the children was found in a nala at Najafgarh and the father of the children has been accused of killing their mother. It is further stated in the Writ Petition that the children were interrogated by the Police wherein they told the police that their father put the body of their mother in the boot of the car. This statement does not appear to be correct as the learned Standing Counsel for the State submits that the children were never interrogated by the police. 3.

The matter was mentioned on 24.05.2025. This Court had directed the State to file a Status Report and produce the children before this Court. 4.

The children are present in Court today. We have interacted with the children.

5.

It is stated by the children that both of them are studying in school and are residing with their grand-mother and are not under any pressure or threat. We have also interacted with the grand-mother of the children. She is keen on taking care of the children and keeping them with her. In the opinion of this Court no case of illegal detention of the children is made out. 6.

It is open for the Petitioner to take steps in accordance with law by filing an appropriate Petition before the competent Court for the custody of the children. It is made clear that this Court has not made any observations on this aspect and all the rights and contentions of both the parties in respect of the custody of the children are left open. It is also made clear that the observations made by this Court are confined to the present Petition of habeas corpus only.

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

7.

The Investigating Officer is directed to visit the children once in every two days to enquire about their welfare and interact with them to ensure that they are safe.

8.

With these directions, the Writ Petition is disposed of, along with the pending applications, if any.

SUBRAMONIUM PRASAD, J HARISH VAIDYANATHAN SHANKAR, J APRIL 25, 2025 Rahul The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.