Smt Sunita Devi v. The State Of Delhi & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3922/2024 & CRL.M.A. 37883/2024 SMT SUNITA DEVI .....Petitioner Through:

Mr. Vivek Kumar Tandon, Ms Prerna Tandon & Mr Harshit S Gahlot, Advs.

(M: 8447001099) versus THE STATE OF DELHI & ORS.

.....Respondents Through:

Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs., with SI Vikas Kasana PS Pahar Ganj.

(M:9953827584)

CORAM:

JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

O R D E R

% 17.12.2024 1.

This hearing has been done through hybrid mode. CRL.M.A.37883/2024 (for exemption) 2.

Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 3922/2024 3.

The present petition under Article 226 of the Constitution of India read with Section 482 of the CrPC (Section 528 of the BNSS, 2023) has been filed by the Petitioner-Smt. Sunita Devi, seeking issuance of a writ in the nature of habeas corpus for the production of Smt. Veena Devi, who is stated to be the mother of the Petitioner.

4.

Respondent Nos. 2 to 5 are stated to be the real brothers, sisters and sister in law of the Petitioner. It is the case of the Petitioner that the said The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 13:10:02

Respondents have illegally confined her mother and are not allowing the Petitioner to meet her mother.

5.

A perusal of the petition would show that there are several family disputes between the parties in respect of immoveable properties, etc. 6.

Under these circumstances, this Court is not inclined to entertain the present habeas corpus petition. However, if the Petitioner wishes to meet the mother, the concerned IO shall facilitate the said meeting. The said meeting shall take place in a peaceful manner and there shall be no obstructions by any of the siblings i.e. Respondent Nos. 2 to 5. The said meeting shall not be for more than an hour. After the first meeting to be facilitated by the IO, it is the wish of the mother of the Petitioner as to whether she wishes to meet the Petitioner or not.

7.

The petition is disposed of in the above terms. PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

DECEMBER 17, 2024/dk/rks The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 19/12/2024 at 13:10:02