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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, Manoj Jain, JJ.
Nagendra Shastri - Appellant
Versus
The State Govt. of NCT Delhi & Ors. - Respondents
W.P.(Cr) 1044 of 2024 & Cr.M.A.9857 of 2024
Decided On : 02-04-2024
Habeas Corpus - Missing Person - The court found that the missing person, who was the daughter of the petitioner, had married and expressed her desire to stay with her husband. The court allowed her to go with her husband and directed the police to ensure their safety.
Fact of the Case:
The petitioner filed a petition seeking the production of his missing daughter and registration of a First Information Report (FIR) for her alleged disappearance.
Finding of the Court:
The court found that the missing daughter was present in court, admitted to being married, and expressed her desire to stay with her husband. The court disposed of the petition accordingly.
Issues: Missing person, Habeas Corpus, Alleged marriage of the missing person, Parental claim over the missing person
Ratio Decidendi: The court considered the daughter's status as a major, her marriage, and her expressed desire to stay with her husband in reaching its decision.
Final Decision: The petition was disposed of, and the daughter was allowed to go with her husband. The police were directed to ensure their safety, and the petitioner was advised to take appropriate action if he felt his daughter had misappropriated any amount.
JUDGMENT (Oral)
1. The present petition has been filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 for issuance of a writ with the following prayers:
"a) Issuing the direction under Habeas Corpus to the respondents for production of daughter of the petitioner namely smt. chetna kumari before this Hon'ble court.
b) Issue appropriate direction, thereby directing to respondents register the First Information Report and expedite investigation against the alleged person and any other erring persons with relevant penal provisions."
2. Issue notice. Learned Standing Counsel accepts notice on behalf of the State and has produced status report dated 02.04.2024. The same is taken on record.
3. It is stated in the status report that the petitioner is father of alleged missing girl namely Ms. Chetna. In the present petition it is stated that on 20.03.2024, the petitioner made a missing complaint of his girl named above and articles/property and bank account containing Rs.4,00,000/-. It is alleged that daughter of the petitioner left the house along with one bag containing her clothes, other articles without informing anyone.
4. On 21.02.2024, a whatsapp message was received on the mobile phone of petitioner's son where by they came to know that Chetna had solemnized marriage at Arya Samaj Mandir Situated at backside of Tis Hazari Court on 09.01.2024 with one person namely, Krishan who is also present in Court today.
5. The petitioner has already debarred Chetna from his movable and immovable properties and claims that he and his family member would have no relation with her and that she be held accountable for her actions.
6. Since daughter of the petitioner who is present in Court, is admittedly major and has married and has reiterated before us that she wants to stay with her husband, therefore, no further order is required in the present petition. She is thus, at liberty, to go with her husband.
7. The daughter of petitioner further submits that they are residing in Burari. Accordingly, the Beat Constable/SHO, PS Burari shall share their Mobile No. with her, so that in case she apprehends any threat, she can contact them forthwith. SI Sandeep who is present in Court shall ensure and escort the daughter of petitioner and her husband to their place of residence.
8. It is, however, made clear that the parents/relatives of the petitioner's daughter and his husband shall not indulge in any act resulting in any untoward incident and shall not create any hindrance in their lives. If petitioner feels that his daughter has misappropriated any amount, he would be at liberty to take appropriate action against her, as he may be advised.
9. Petition is, accordingly, 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 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 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 adequacy of the efforts made by the police to trace the missing minor daughter and the pending investigation of the FIR.
The court exercises its extraordinary writ jurisdiction under Article 226 to direct the production of an individual in a Habeas Corpus petition to ensure safety and confirm their whereabouts, especia....
Court directs police to investigate missing person case per guidelines and produce before Magistrate.
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