Akash Kumar v. State & ORS.
$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3335/2018 AKASH KUMAR ..... Petitioner Through:
Ms Rakhi Dubey, Adv versus STATE & ORS.
..... Respondents Through:
Mr Chaitanya Gosain, Adv for Mr Rahul Mehra, APP for State with Insp. Bhagwan Singh and SI Vipin Teotia, PS Kalyan Puri
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
O R D E R
% 31.10.2018 CRL.M.A. 35357/2018 (exemption) Exemption is allowed subject to all just exceptions. Application stands disposed of.
W.P.(CRL) 3335/2018 The present writ petition filed under Article 226 of the Constitution of India prays as follows:- A. "To issue a writ of habeas-corpus against the respondents in favour of the petitioner directions commanding the respondents herein to produce the wife of petitioner Mrs.Meenakshi in this Hon'ble Court and be set at liberty; and B. To direct the respondent Nos. 2 and 3 to make release the Mrs.Meenakshi, the wife of the petitioner from their custody and to entrust Meenakshi to the petitioner safely. C. To direct the respondent No. 4 to provide protection to the petitioner and his wife Meenakshi from respondent Nos. 2 and 3.
D. Pass any order or further orders which this Hon'ble Court may deem fit and proper in favour of the petitioner and against the respondents in the interest of justice." The Delhi Police has filed a status report authored by Inspector Lekhraj Singh, SHO/Kalyanpuri. A communication addressed by Mrs.Meenakshi, whose production has been prayed in the present writ petition, is also annexed with the aforesaid status report. A copy of the status report has also been furnished to the petitioner who is present in court today.
Mrs.Meenakshi has appeared before this Bench and we have interacted with her independently as well as along with the petitioner. Although, Mrs.Meenakshi has stated that she has married the petitioner Akash on her own free will and desire and she is currently residing at her maternal home for looking after her mother, who is stated to be unwell.
In view of the foregoing, the prayer sought in the present writ petition, insofar as it relates to Meenakshi's production before this court has been satisfied. The prayer clause B cannot be granted. In view of the above, no further directions are called for. The petition is disposed of accordingly.
SIDDHARTH MRIDUL, J SANGITA DHINGRA SEHGAL, J OCTOBER 31, 2018 SU/