IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Shanti Devi - Appellant
Versus
State of NCT of Delhi - Respondent
W.P.(Crl.) 365 of 2024 & Crl.M.A. 3364 of 2024
Decided On : 26-02-2024
Habeas Corpus - Minor Daughter - The court disposed of the petition by directing the respondent to file monthly status reports on the progress of the investigation into the missing minor daughter and to produce her before the magistrate if she is traced or rescued.
Fact of the Case:
The petitioner filed a petition seeking a Writ of Habeas Corpus to produce her minor daughter who had left the house without informing anyone, leading to the registration of FIRs under Section 363 IPC.
Finding of the Court:
The court disposed of the petition and directed the respondent to file monthly status reports on the progress of the investigation and to produce the missing girl before the magistrate if she is found.
Issues: Petition for Writ of Habeas Corpus, Allegations of Allurement of Minor Daughter, Progress of Investigation
Ratio Decidendi: The court emphasized the need for regular updates on the investigation into the missing minor daughter and the prompt production of the girl before the magistrate if she is traced or rescued.
Final Decision: The petition and pending application were disposed of with directions for the respondent to file monthly status reports and to produce the missing girl before the magistrate if she is found.
JUDGMENT (Oral)
1. The petitioner has preferred the present petition under Article 226 read with Article 21 of the Constitution of India and under Section 482 Cr.P.C. seeking, inter alia, issuance of a Writ of Habeas Corpus to respondent to produce minor daughter, Miss `A' of the petitioner.
2. Mr. Sanjay Lao, learned Standing Counsel appearing on behalf of respondent-State has handed over a status report dated 26.02.2024 in the Court today, which is taken on record.
3. In the status report dated 26.02.2024, it is noted that on the complaint of petitioner that her minor daughter Miss `A' has left the house without informing anyone on 13.12.2022 at about 12:30 PM, apprehending that she had been allured away by unknown persons. FIR No.984/2022 under Section 363 IPC was accordingly registered on 16.12.2022.
4. It is further noted in the status report that on 18.12.2022, petitioner came to the Police Station with the missing girl i.e. her daughter and stated that due to minor altercation she had left the house with her friend without informing anyone. The missing girl was taken to the Sanjay Gandhi Hospital Mangolpuri, Delhi for medical examination on the same day and thereafter, her custody was handed over to her mother i.e. petitioner, and after completion of investigation, "cancellation report" of the case was prepared.
5. Yet again, on 16.10.2023 on the complaint of petitioner that on 01.01.2023 at around 4:00 PM, her daughter had left the house without informing her, another FIR No.799/2023 under Section 363 IPC was registered. The petitioner reiterated that her daughter has been allured by unknown persons.
6. During investigation IO circulated hue and cry notice, WT message and a request letter for publication of kidnapping in Newspapers and Prasar Bharti (Doordarshan Kendra) and also call detail record in respect of mobile No. 8439562221 from which threatening calls were allegedly received by the petitioner, were gathered. The investigation of the case is further in progress.
7. The learned Standing Counsel for respondent-State submits that various steps to locate the missing daughter of the petitioner have been taken, however, till date no clue has been found.
8. In view of the above, we hereby dispose of the present petition directing the respondent to file monthly status report in FIR No. 799/2023, registered at Police Station Nangloi, Delhi before the concerned Metropolitan Magistrate, specifically stating therein the progress made in the investigation.
9. It is made clear that if the missing girl is traced or rescued, she shall be produced before the learned Metropolitan Magistrate without any delay and such information shall be given to the petitioner and her family members.
10. With aforesaid directions, the present petition and pending application are disposed of.
The court's decision was based on the pending investigation of the missing minor daughter and the direction for the concerned police officials to provide a monthly status report and communicate any c....
The court's decision was based on the exhaustive efforts made by the police to trace the missing girl and the pending investigation of the FIR, leading to the disposal of the writ petition with speci....
The court's decision was based on the principle of habeas corpus and the obligation of the police to make continuous efforts to trace a missing person.
The court's decision was based on the adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.
The court upheld the rights of the daughter as a major and allowed her to make her own decisions regarding her marriage and living arrangements.
The court's decision was influenced by the willingness of the missing child to go back to her parents and the readiness of the parents to accept her, in compliance with Section 164 Cr.P.C.
The court's decision was based on the principle of Habeas Corpus, ensuring that the respondent-State continues its efforts to locate the missing minor and provides regular updates to the court and th....
The court emphasized the principle of Habeas Corpus and the importance of investigating the circumstances of a minor going missing.
The court's primary concern was the welfare and custody determination of the missing minor daughter in a case involving serious allegations of sexual assault and molestation.
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