Ms Suresh @ Sushma Ahuja And ANR v. Union Of India And ORS

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:29th May, 2024 + MS SURESH @ SUSHMA AHUJA AND ANR ..... Petitioners Through:

Mr. Jagat Singh with Mr. Shashwat Bhardwaj, Advocates with Ms. E Janak D. Ahuja in person.

versus UNION OF INDIA AND ORS ..... Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kumar Arya and Mr. Shivesh Kaushik, Advocates with Inspr. Pawan Kumar, SI Chandan, PS Paschim Vihar.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1.

Pursuant to order dated 13.05.2024, status report dated 29.06.2024 has been produced by the State. The same is taken on record.

2.

As per the status report, a complaint vide Dy. No.C-1298 dated 19.04.2024 was received at PS Paschim Vihar East from the complainant namely E Janak D. Ahuja (sister of the petitioners). In her complaint, she alleged that her elder sister (petitioner No.1) aged about 74 years, who is on wheel chair and her elder brother (petitioner No.2) aged about 68 years were thrown out of their residence on

02.02.2024 and then during the second week of February, 2024, they were kidnapped from outside their residence by someone in a private car.

3.

Present petition has been filed by the petitioners through their sister E Janak D. Ahuja under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus under Section 482 Cr.P.C.

4.

During inquiry it has been revealed that disputes have been going on for a long time between E Janak D. Ahuja and Mr. V. Raj, who is stated to be the brother of the petitioners, with respect to the ownership of property bearing No.A3/36, JK Apartment, Paschim Vihar, West Delhi. As per the status report, during inquiry, it has been revealed that the present petitioners have been voluntarily staying in Gurudwara Sant Sagar Sant Chahwale Pind Johal Jalandher, Punjab for the last four months and they had never been kidnapped by anyone.

5.

Petitioners have appeared through Video conferencing before this Court and their joining through video conferencing is facilitated by the Head Constable Pramod Rawat of Police Station Pashim Vihar. 6.

They submit that they are staying in Gurudwara Sant Sagar Sant Chahwale Pind Johal Jalandher, Punjab of their own free will and they even submit that they do not know any person by the name of E Janak D. Ahuja. Thus, they are not interested in having any connection with their sister.

7.

Since petitioners have appeared before this Court through Video conferencing and their sister is now aware about their present whereabouts, no further order is required to be passed in the present petition.

8.

Petition is, accordingly, disposed of.

SURESH KUMAR KAIT, J MANOJ JAIN, J MAY 29, 2024/st