High Court of DelhiW.P.(CRL)/2344/2015

Mahendra Singh v. State ( Govt Of NCT Of Delhi) & ORS

2016-05-30Hon'Ble Mr. Justice G.S.Sistani,Hon'Ble Ms. Justice Sangita Dhingra Sehgal2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2344/2015 MAHENDRA SINGH Petitioner Through:

Ms. Puja Shrivastava, Advocate versus STATE (GOVT OF NCt OF DELHI) & ORS Respondent Through:

Mr. Rahul Mehra, Standing Counsel (Crl) for the State with Mr. Amrit Singh, Mr. Shekhar Budakoti, Advocates and SI Ashish Kumar Tyagi, P.S. Nihal Vihar.

Mr. Rajesh Chhetri, Mr. Rajeev Chhetri and Ms. Meenakshi Rawat, Advocates for Respondent No.5.

CORAM:

HON'BLE MR. JUSTICE G.S.SISTANI HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

ORDER

% 30.05.2016 p Present petitioner has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of Code of Criminal Procedure seeking a writ of habeas corpus for production of his daughter rVandana, who has been missing since 27.06.2015 10:00 AM. On a complaint by her father, FIR was registered on 14.07.2015. Notice was issued in this matter on 05.07.2015. When the matter came up for hearing, counsel appearing on behalf of respondent No.5 had informed the Court that petitioner's daughter has married Shivam and they By:AMULYA

are living as husband and wife. We then directed production of Vandana and Shivam. Two adjournments were granted. Thereafter, on 27.11.2015 Vandana was produced in Court. She claimed that she is 20 years of age. She further submitted that the school certificate from Saraswati Public Junior High School, which was annexed with the petition, is a fabricated document as she had never studied in the said school. On 04.02.2016, it was agreed that an ossification test be conducted on Vandana. Ossification test was conducted on Vandana on 09.03.2016 and a report has been submitted in Court. As per the report, the age of Vandana is assessed between 17 and 19 years.

In view of the stand taken by Vandana that she has married Shivam out of her own free will and in view of the ossification test giving benefit of two years in favour of Vandana, we find that no further orders are required to be passed in this petition.

Accordingly, the present writ petition stands disposed of. G.S.SISTANI, J SANGITA MAY 30,2016/Aj GRA GAL