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2015 Supreme(Del) 4295

G.S.SISTANI, SANGITA DHINGRA SEHGAL
Arsheeran Bahmeech – Appellant
Versus
State (Government of NCT of Delhi) – Respondent


For the Petitioner:Mr.Hasan Anzar, Ms.Samana Suhail and Mr.Samiullah Mirza, Advocates.
For the Respondent: Mr.Rahul Mehra, CGSC (Crl.), Mr.Amrit Singh, Mr.Shekhar Budakoti and Mr.Sanyog Bahadur, Advs. for State along with Inspr.K.L. Yadav and W/ASI Urmila, P.S. Chanakya Puri. Ms.Swati Sukumar, Adv. for Paripoorna Jeevan Shelter Home. Ms.Somy Harshan, Welfare Officer, Paripurna Jeevan Shelter Home. Ms.Shohini Banerjee, Support Person for Child.

JUDGMENT :

G.S. Sistani, J.


1. Present writ petition has been filed by petitioner under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure seeking a direction to the respondents to release her minor daughter from Paripurna Jeevan Shelter Home and produce her before this Court.

2. The facts of this case reveal a very sad state of affairs.

3. By the present petition, the petitioner complains that her daughter, who is stated to be sixteen years of age, is in wrongful confinement and custody of Paripurna Jeevan Shelter Home on the strength of an order passed by the Child Welfare Committee constituted by the National Capital Territory of Delhi.

4. As per the petition, the daughter of the petitioner was missing from her house w.e.f. 17.3.2015. At the instance of Noor Islam, one of the sons of the petitioner, FIR No. 63/15 was lodged under Section 363 of the Indian Penal Code at Police Station Chanakya Puri. Upon investigation, the parents of the minor daughter were called to Police Station. They found their daughter under the influence of the Investigating Officer and a man known as Amit Kumar. One of the sons of the petitioner, namely, Mustafa,





















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