Akash v. The Commissioner Of Police & ORS

$~120 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ AKASH ..... Petitioner Through:

Mr.

Prashant Gaur and Mr.

Raj Kumar, Advocates.

Petitioner in person along with his wife Ms. Bhawna.

Versus

THE COMMISSIONER OF POLICE & ORS ..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel (Crl.) for State.

Inspector Pawan Kumar, SHO/Geeta Colony.

ASI Rajender Singh, P.S.

Geeta Colony.

CORAM:

HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 25.09.2017 Crl. MA No. 16049/2017 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed off.

A stat us report has been handed over on behalf of the Delhi Police in the Court today. The same is taken on record. The present petition essentially seeks a direction in the nature of a writ of habeas corpus to the official respondents, to produce Ms. Bhawna, the wife of the petitioner-Mr. Akash, before this Court.

Ms. Bhawna, the wife of the petitioner, is present in Court along with her mother.

Mr. Rahul Mehra, learned Standing Counsel (Criminal) appearing on behalf of the State, invites our attention to an order dated 22nd May, 2017 passed by this Court in W.P. (Crl.) No. 1545/2017, titled as "Bhawna & Anr. v. State of NCT of Delhi & Ors" (Annexure-P-3), as well as, another order passed by this Court on 12th June, 2017 in W.P. (Crl.) No. 1798/2017, titled as "Akash v. State of NCT of Delhi & Ors." (Annexure-P-4), to urge that Mr. Akash and Ms. Bhawna got married of their own free will on 8th May, 2017 at Arya Samaj Mandir, Ghaziabad, U.P. and got their marriage registered in the Office of the Registrar, Hindu Marriage, Ghaziabad, U.P., subsequently. A perusal of the order dated 22nd May, 2017 reveals that Ms.

Bhawna had on that occasion sought police protection from this Court on account of the circumstance that her mother and another had been harassing the newly married couple, ever since the day they got married. By way of the said order dated 22nd May, 2017, this Court directed the SHO of Police Station Geeta Colony to ensure that proper protection is afforded to the newly wed couple and that no untoward incident takes place. By way of the order dated 12th June, 2017; in an earlier habeas corpus petition filed on behalf of Mr. Akash, this Court recorded that Ms. Bhawna was prepared to join Mr. Akash on that day itself, and in fact, left with him from the Court at the end of the hearing. This Court issued further directions to the SHO and the IO of the Police Station Geeta Colony, to ensure that Mr. Akash and Ms.

Bhawna were permitted to go back to their matrimonial home, without any let or hindrance.

We spoke to Ms. Bhawna as well as Mr. Akash in Chambers, both individually and together.

Ms. Bhawna states that she wants to join the petitioner today, and in fact, is prepared to go with him from the Court itself. In view of the repeated occurrence of disturbances created in the married life of Mr. Akash and Ms. Bhawna, we direct the SHO of Police Station Geeta Colony to ensure that Ms. Bhawna accompanies Mr. Akash from the Court today, without any let or hindrance; and his telephone number as well as that of the concerned ASI and Beat Constable, within the jurisdiction of Police Station Geeta Colony, are given to Mr. Akash and Ms. Bhawna, so as to enable the latter to contact the former, in the event of any threat or apprehension.

With the above directions, the writ petition is disposed off. SIDDHARTH MRIDUL, J.

NAJMI WAZIRI, J.

SEPTEMBER 25, 2017 rs