Purushottam Ram v. State ( Govt Of NCT Of Delhi) & ANR

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2887/2018 PURUSHOTTAM RAM ..... Petitioner Through:

Mr S.S. Gulia, Adv versus STATE ( GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr Rahul Mehra, SC with Mr Chaitanya Gosain, Adv for State Insp Saroj Bala and SI Nirmala, PS Sagar Pur

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 26.10.2018 The present petition seeking a writ of habeas corpus was instituted by Sh. Purushottam Ram, the father of Ms.Nisha, his 16 year old daughter, who is alleged to have gone missing from her parental house in the intervening night of 9th and 10th May, 2018. A perusal of the status report (dated 22.10.2018) filed on behalf of the Delhi Police, authored by Sh. Devender Arya, IPS, reveals that, on 13.10.2018, acting upon information received in relation to Ms.Nisha and one Nilesh, in whose company she is alleged to have left her parental home; the Police was able to recover the missing girl from Kajra Railway Station, Lakhi Sarai, Bihar. Subsequent thereto, Ms.Nisha was brought back to Delhi and lodged in Nirmal Chhaya, shelter home; and further proceedings after registration of an FIR, under the provisions of Sections 376 IPC and 6

POCSO have been instituted against the said Nilesh. The statement of Ms.Nisha under Section 164 Cr.P.C has been duly recorded by the Link Magistrate, Patiala House Courts, New Delhi on 15.10.2018.

Ms.Nisha, on an application filed on behalf of Purushottam Ram, the petitioner, has since been handed over to the latter and is currently residing at her parental home.

In view of the foregoing, it is evident that, insofar as, the present proceedings seeking production of Ms.Nisha are concerned, in terms of a writ of habeas corpus, the same have reached its logical conclusion.

However, learned counsel appearing on behalf of the petitioner states that, he is seeking a direction for the arrest of the said Nilesh. Needless to state that, such a direction cannot be issued by this Court in law. Further, it is evident that, an FIR in relation to the entire incident has since been registered and investigation is ongoing. In view of the foregoing, the present petition is disposed of whilst hoping and expecting that the Police shall conclude the investigation as expeditiously as possible.

SIDDHARTH MRIDUL, J SANGITA DHINGRA SEHGAL, J OCTOBER 26, 2018 /SU//