Nanhi v. State Of NCT Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3108/2024 & CRL.M.A. 30051/2024 NANHI .....Petitioner Through:

Mr. Lovish Sharma, Mr.

Gobind Malhotra, Mr. Gurpreet Singh & Mr. Rehan Saifi, Advs.

versus STATE OF NCT OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs.

Inspr. Sudhir Rathi & ASI Shiv Kumar, PS, Shakarpur

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

O R D E R

% 07.10.2024 1.

This hearing has been done through hybrid mode. 2.

The present petition has been filed by the Petitioner-Smt. Nanhi under Article 226 of the Constitution of India read with Section 528 Bharatiya Nagarik Suraksha Sanhita ('BNSS') seeking production of her son- 'Sanobar', aged about 24 years, who is the detenu. 3.

The allegation in the petition is that certain persons had detained the Petitioner's son and demanded a sum of Rs. 5 Lakhs as ransom. Certain audio recordings are relied upon in support of the said allegations. 4.

The matter is listed today and a Status Report dated 7th October, 2024 has been filed by Mr. Sanjay Lao, ld. Standing Counsel. The said status report has been taken on record.

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

5.

The allegation of the Petitioner as recorded in the status report is that on 8th August, 2024, some persons in civil clothes claiming to be Police officials had barged into her house and abducted her son. 6.

According to the Petitioner, certain ransom amounts were also demanded. When the son did not return home, she made complaints to senior officials which did not result in any fruitful action. Hence the present petition was filed.

7.

In addition, another FIR bearing FIR No. 40/2024 was also registered at the behest of one Ms. Tamanna at P.S. Shakarpur, Delhi alleging the kidnapping of her niece - Ms. 'S' by some unknown persons. Finally, the status report states that the girl was recovered from the house of the Petitioner and she was also produced on 9th August, 2024 and a statement has been recorded that she had gone with the son of the Petitioner on her own volition. 8.

According to the Police officials at P.S. Shakarpur, the son of the Petitioner, was recovered from the house of the Petitioner itself on 8th August, 2024.

9.

Today, both the girl and the boy have been produced before the Court. The court has interacted with them in chamber. Aadhaar Card of the girl has been checked, which records her date of birth as 1st January, 2005 and therefore she is a major. The Investigating Officer also submits that he had checked the Aadhaar Card. A copy of the same is submitted to the ld. Standing Counsel.

10.

Upon interaction, both the girl and the boy state that they are independently living in Ward No.10, Line Paar, Chotu Ram Nagar, Bahadurgarh, Jhajjar, Haryana- 124507 and the boy works in a factory in Bahadurgarh. The Petitioner/mother submits that her only wish is that they The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

should not be living with the distant relative of the girl, namely, Ms. Tamanna, who according to her, had made ransom calls to the Petitioner. 11.

The boy has assured that his wife and him will be living in Bahadurgarh itself on their own and that he would support his mother whenever needed. 12.

The concerned Investigating Officer shall look into the allegations made in this petition including the various audio calls which have been made and shall proceed with the same in accordance with the law. 13.

It shall be ensured that the person by the name Ms. Tamanna does not give any threats to the Petitioner or to the family of the Petitioner or to the couple in any manner.

14.

Petition is accordingly disposed of. All pending application(s), if any, also disposed of.

PRATHIBA M. SINGH, J AMIT SHARMA, J OCTOBER 07, 2024 rahul/sc/Am The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.