Anju Gupta v. The Dcp South East District & ORS

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1973/2018 ANJU GUPTA ..... Petitioner Through:

Mr. Pawan Sharma, Advocate versus THE DCP SOUTH EAST DISTRICT & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing counsel (Crl.) with Mr. Chaitanya Gosain, Advocate for State with SI Pawan & Inspector Yogeshwar Singh, PS Kalkaji & SI Nirmala, P.S Govindpuri Ms. Parmita Singh, Welfare officer with Ms. Rekha Gupta, for Prayag Shelter Home

CORAM:

JUSTICE S. MURALIDHAR JUSTICE VINOD GOEL

O R D E R

% 16.07.2018

1. The record of proceedings before the trial Court has been perused. The order dated 4th June 2018 of the trial Court notes that the cross-examination of the prosecutrix is complete and she has, in fact, been discharged. In that view of the matter, there appears to be no justification for keeping the prosecutrix at the Prayag Shelter Home any longer.

2. The order of the trial Court dated 21st May 2018 that the custody of the victim shall not be changed until further orders is hereby set aside. Any order that the Child Welfare Committee ('CWC') might have passed requiring the continued custody of the prosecutrix at the Prayag Shelter

Home is also set aside.

3. Mr. Mehra informs the Court that the prosecutrix has expressed her desire to return to her brother immediately. It also appears that the prosecutrix is five months pregnant. In that view of the matter, the prosecutrix will depart from the Court today with her brother who is present in Court. He has been identified by the Investigating Officer.

4. An undertaking is given by the Petitioner's brother that as and when her presence is required in the trial Court, she will be produced there.

5. The trial Court record be returned forthwith through a Special Messenger.

6. The petition is disposed of.

7. A copy of this order be given dasti under the signature of the Court Master.

S. MURALIDHAR, J.

VINOD GOEL, J.

JULY 16, 2018 mw