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2019 Supreme(Del) 2351

SIDDHARTH MRIDUL, I.S.MEHTA
Manuel Frederik Baumann – Appellant
Versus
State of NCT – Respondent


Advocates Appeared:
For the Petitioner:Mr. Rajat Bhalla, Advocate.
For the Respondents:Mr. Chaitanya Gosain, Advocate for Mr. Rahul Mehra, Standing Counsel for GNCTD with Insp. M.P. Singh and SI Romi., Mr. Vikas Mahajan, CGSC, Mr. Harshvardhan Pandey, Advocates.

JUDGMENT :

SIDDHARTH MRIDUL, J.

CRL.M.A. 38093/2019 (for desealing of records)

1. The present application has been instituted on behalf of the petitioner – Mr. Manuel Frederik Baumann praying as follows:-

    “(a) Direct the desealing of the envelope containing the child Counselor Report and further direct the registry to provide the certified copy of the report of the Ld’ Child/ Family Counselor to the Counsel for the Petitioner;”

2. It is an admitted position that during the pendency of the habeas corpus petition instituted on behalf of the petitioner herein, this Court had called for a report from the child counsellor, who had interacted with the minor child of the estranged couple and had been associated in the mediation held between the parties before the Delhi High Court Mediation and Conciliation Centre (“DHCMCC").

3. It is further observed that in the judgment and order dated 20th September, 2018, while disposing of the habeas corpus petition, this Court had commented on the report of the child counsellor, in Para 30, thereof, as follows:

    “30. On 5th May 2018, the Court was again informed that the mediation had not succeeded. The report of the child counsellor, submitted to the Court

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