Rohit Tewatia v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 856/2018 ROHIT TEWATIA ..... Petitioner Through:

Petitioner in person.

versus STATE & ORS.

..... Respondents Through:

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

CORAM:

JUSTICE S. MURALIDHAR JUSTICE I.S. MEHTA

O R D E R

% 22.03.2018 CRL.M.A. 5333/2018

1. Allowed, subject to all just exceptions.

W.P.(CRL) 856/2018

2. On furnishing of an advance copy by the Petitioner, Inspector Subhash Chandra, the Station House Officer ('SHO') of Police Station ('PS') Mandawali, Delhi has filed a status report. Inter alia, it is stated therein that he contacted Ms. Ayushi Sharma, the alleged wife of the Petitioner, on her mobile phone. She confirmed that she is presently living with her parents of her own free will at Agra. It is further stated in the status report that the Petitioner has filed a case under Section 9 of the Hindu Marriage Act in the Family Court in Delhi. He has also filed a complaint under Section 156 Cr WP (Crl) 856/2018

PC which is also stated to be pending before the learned Metropolitan Magistrate ('MM') in the Karkardooma Courts.

3. Since the above proceedings are pending, it will be open to the Petitioner to pursue those remedies in accordance with law. The Court sees no reason to intervene at this stage in the present writ petition seeking a writ of habeas corpus at the instance of the Petitioner.

4. The petition is accordingly dismissed with the above observations. S. MURALIDHAR, J.

I.S. MEHTA, J.

MARCH 22, 2018 nd WP (Crl) 856/2018