Arvinder Singh Paul v. The State Govt Of NCT Of Delhi

$~10 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ARVINDER SINGH PAUL ..... Petitioner Through:

Mr.M.Sufian Siddiqui and Mr.M.Tabish Zia, Advocates with petitioner in person.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Ms.Richa Kapoor, ASC for the State with SI Arun Kumar, PS IGI Airport.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 26.10.2017 1.

The petitioner has filed the instant writ petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. praying for quashing of case FIR No.418/2017, under Sections 417/447 IPC registered at Police Station IGI Airport, New Delhi and the proceedings emanating therefrom. 2.

On 24th October, 2017 the State was directed to place on record the CCTV footage of the entry gate to ascertain the ticket shown by the petitioner while entering Terminal-3. Pursuant thereto, status report has been filed by the State. Copy of the same has been supplied to learned counsel for the petitioner.

3.

Mr.M.Sufian Siddiqui, Advocate, on instructions from the petitioner, submits that in view of the medical condition of the daughter of the

petitioner as reflected in para 6 of the writ petition and her medical record annexed with the petition as Annexure P-3, in case the Final Report is filed by the Investigating Agency expeditiously, the petitioner would not press this writ petition.

4.

The averments made in para 6 of the writ petition in respect of medical condition of daughter of the petitioner (supported with the medical record Annexure-P3), read as under:- "5.That the petitioner's daughter namely Ms.Gurleen Kaul Paul aged 25 years is a born British National, who is suffering from 'Wolfferhirschorn Syndrome' requiring supervision all the time (needs 24X7 care, cannot speak, cannot feed herself, cannot clothe herself, not aware of any surrounding dangers, Type-1 insulin dependent Diabetic and has a mental ability of a 2 year old child. Gurleen was born with a rare genetic disorder called 'Wolfferhirschorn Syndrome' or 4P syndrome. This is caused by a missing piece (deletion) of genetic material near the end of the short (p) arm of the chromosome 4 (4p).

Essentially, the effect of this disorder means that Gurleen has global developmental delay. The main features include a characteristic facial appearance, delayed growth, intellectural disability, low muscle tone (hypotonia) and seizures. She had complete Renal failure in 2003 and she was initially treated with peritoneal dialysis at home. Following successive infections she required hemodialysis and in 2006 she had a renal transplant with a kidney donated by her father i.e. the petitioner herein. Gurleen is also a type 1 insulin dependent diabetic and requires regular monitoring and checks. She is fully dependent on her family and carers. She needs continued help with feeding, clothing and personal care.

Gurleen is unaware on any dangers to herself so requires constant care and supervision of two people during travelling or in any new environment."

5.

In the above facts and circumstances, the State is directed to file the Final Report before the learned ACMM-01, New Delhi District, Patiala

House Court, New Delhi on or before 28th October, 2017 with prior intimation to the petitioner and his counsel. 6.

Mr.M.Sufian Siddiqui, Advocate for the petitioner has furnished his mobile number (9873344786) and mobile number (8076009003) of the petitioner to the Investigating Officer to facilitate communication to them about filing of the Final Report before the concerned Court. 7.

Learned counsel for the petitioner submits that on getting the information from the Investigating Officer on the above mobile numbers through call or message about filing of the Final Report, he along with the petitioner will appear before the Court concerned so that hearing on the Final Report is expedited.

8.

It is hoped and expected that the matter shall be dealt with expeditiously by the learned ACMM-01, Patiala House Court. 9.

With above observations, the writ petition is dismissed as not pressed. 10.

As prayed, copy of the order be given dasti to learned counsel for the parties under the signature of Cour Master.

PRATIBHA RANI, J.

OCTOBER 26, 2017 'st'