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High Court of DelhiW.P.(CRL)/3031/2016

Azhar Khan v. State NCT Of Delhi & ANR.

2016-11-082 pages

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3031/2016 AZHAR KHAN ..... Petitioner Through Mr. Prabhjit Jauhar with Ms. Ankita Gupta Advocate versus STATE NCT OF DELHI & ANR.

..... Respondents Through Mr. Rahul Mehra, Standing Counsel, GNCTD with Mr. Tushar Sannu, Advocate SI Dinesh Dahiya, PS Sultanpuri

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MR. JUSTICE VINOD GOEL

O R D E R

% 08.11.2016 Status report has been handed over in Court by Dr. Nitesh Singh, Senior Resident, Department of Psychiatry, (IHBAS), as per which there is no requirement of Sarfan Khan to remain admitted at IHBAS. The report is taken on record. The patient Sarfan Khan, who was admitted at IHBAS may be discharged from IHBAS.

The brother of Sarfan Khan has filed the present petition seeking a writ of habeas corpus against the respondent for producing his brother Sarfan khan, who is in illegal detention and custody of respondent no.2 and his family members.

We have interacted with Sarfan Khan as also Sahiba in the Chamber. Sarfan Khan submits that he wishes to reside with his parents and brother.

Respondent no.2 submits that she has married Sarfan Khan and post marriage, Sarfan Khan has been staying with her and her family members voluntarily and out of his own free will which is evident from the fact that

during the period he was going for work. She submits that Sarfan Khan was not illegally detained, but since the marriage was performed against the wishes of his parents, he out of fear, did not join the company of his family.

Today, Sarfan Khan submits that he wishes to stay with his own family members.

Accordingly, no further orders are required to be passed in this petition, as prayed by counsel for the petitioner. The petition stands disposed of.

G.S.SISTANI, J.

VINOD GOEL,J.

NOVEMBER 08, 2016 P/