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High Court of DelhiW.P.(CRL)/743/2018

Meenu Anita Chohan v. State & ORS

2018-03-12Hon'Ble Dr. Justice S.Muralidhar,Hon'Ble Mr. Justice I.S.Mehta3 pages

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 743/2018 MEENU ANITA CHOHAN ..... Petitioner Through:

Mr.Anwesh Madhukar, Advocate (DHCLSC) with Mr.Pranesh Misra, Advocate.

versus STATE & ORS ..... Respondents Through:

Mr.Rahul Mehra, Standing Counsel (Crl.) with Mr.Chaitanya Gosain, Advocate for the State with Insp.

Satish Chandra, S.I. Davindera, P.S.

Badar Pur.

CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 12.03.2018 Crl.M.A.No.4584/2018(exemptions)

1. Allowed, subject to all just exceptions.

2. This is a petition seeking issuance of a writ of habeas corpus for production of the Petitioner's husband who the Petitioner claims to have been married to more than sixteen years ago on 24th November 2001. The apprehension of the Petitioner is that her husband has been illegally detained or killed by the family of Respondent No.2 with whom she suspects he is having an illicit relationship.

3. The complaint given by the Petitioner at Police Station ('P.S.') Badarpur on 10th January 2017 was lodged as DD No.25A. In the status report filed today on behalf of the Respondent No.1 by Mr. Rahul Mehra, the learned Standing Counsel, it is stated that in her subsequent complaint on 11th March 2017, the Petitioner had informed that her husband had returned on 30th January 2017 and that they stayed together for three days and that he again ran away but has been in regular touch with her on the phone.

4. Although this fact is not disclosed in the petition, the inquiries made by the Station House Officer ('SHO') of P.S. Badarpur revealed that the Petitioner has filed a complaint against her husband in the Family Court at Saket against her husband under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The said complaint is stated to be pending and the next date fixed in the matter is 14th March 2018.

5. After the filing of the petition on 10th March 2018, the SHO spoke to the brother of Respondent No.2 as well as the brother of person missing but their whereabouts could not be found. It is stated that Respondent No.2 also has gone missing from the same date when the Petitioner's husband is stated to have gone missing, i.e. 20th December 2016. A separate complaint has been filed in that regard.

6. In the above circumstances, with no real clues available yet to the police on the whereabouts of the Petitioner's husband, the only direction that is called for at this stage is that the SHO of P.S. Badarpur will keep the

Petitioner informed, once every four weeks, of the steps taken to inquire into the complaint.

7. The petition is disposed of.

S. MURALIDHAR, J.

I.S. MEHTA, J.

MARCH 12, 2018 'anb'