Gaurav Bhagat @ Rishabh v. Union Of India & ORS.

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3444/2018 GAURAV BHAGAT @ RISHABH ..... Petitioner Through Mr. Gaurav Sharma and Ms. Shreya Pandey, Advocates with petitioner in person versus UNION OF INDIA & ORS.

..... Respondents Through Mr. Rahul Mehra, Standing Counsel with Mr. Chaitanya Gosain and Mr.

Tushar Sannu, Advocates for State Mr. Anil Soni, CGSC with Ms.

Priyanka Singh, Advocate for R-1 SI Sangeeta with Insp. Narender Singh, PS DIU/NW

CORAM:

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

O R D E R

% 19.11.2018 The present petition essentially seeks a direction in the nature of habeas corpus to the Delhi Police, as well as, the private respondent Nos.4 and 5 to produce Ms. Twinkle, aged 22 years before this Court.

The present proceeding is predicated on an assertion that, Mr. Gaurav Bhagat @ Rishabh, the petitioner herein and Ms. Twinkle are in a consensual relationship, and that the latter has been forcibly restrained by her father, namely, Mr. Rajkumar Wasi and her maternal Grandfather (name not known), respondent Nos.4 and 5 herein; who have subjected the detenue to violent treatment and have

deprived her of her personal liberty.

Ms. Twinkle is present before this Court and we have had the benefit of interacting with her in Chambers.

In sum and substance, Ms. Twinkle, whilst not denying her acquaintance with Mr. Gaurav @ Rishabh, states that, she has filed an FIR bearing No.310/18 dated 11.06.2018 (hereinafter referred to as the 'subject FIR') against the latter before the Police StationMukherjee Nagar for having allegedly committed offences under Sections 328/354/376/506/34 of the Indian Penal Code, 1908,which are pending investigation, and that, the petitioner has instituted the present proceeding as a counterblast to the same. It is an admitted position that, Mr. Gaurav @ Rishabh, as well as, his co-accused Dev have been granted interim protection by a learned Single Judge of this Court, although, the investigation into the subject FIR has not been stayed.

Be that as it may, since Ms. Twinkle, who is an adult has appeared before this Court and expressed her own free will and desire to reside with her parents, no further directions are called for in the present habeas corpus petition.

The present petition is disposed of accordingly. SIDDHARTH MRIDUL, J SANGITA DHINGRA SEHGAL, J NOVEMBER 19, 2018/as