A major petitioner held at a protective home sought release and freedom to choose her residence. The Court ordered her immediate release, allowing her to decide whom she lives with, subject to police security.
Release forthwith from Snehalay. Free to decide where to reside and with whom to live, subject to police security.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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KUSUM @ SONIYA ..... Petitioner
Through: Ms. Nilofar Khan and Anjum Parvez, Advocates.
versus
STATE (GOVT OF NCT) OF DELHI & ANR. ..... Respondents Through: Mr. Rahul Mehra, Standing counsel (Crl.) with Mr. Chaitanya Gosain, Advocate for State
CORAM: JUSTICE S.MURALIDHAR JUSTICE I.S.MEHTA
O R D E R % 13.04.2018
CRL.M.A. Nos. 6694/2018, 6695/2018, 6698/2018 (Exemption)
W.P.(CRL) 1092/2018 & CRL.M.A. 6696/2018, CRL.M.A. 6697/2018
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W.P.(CRL) 1092/2018
alleging that his daughter Kusum @ Soniya i.e. the Petitioner herein who was aged 17 years at the time had been kidnapped on 28th July 2017 when she had gone out of her house for some work. The complainant suspected one Asif who was in contact with the Petitioner. Accordingly FIR No.397/2017 under Section 363 IPC was registered at PS New Ashok Nagar on the basis of the above complaint.
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W.P.(CRL) 1092/2018
traced.” It is stated that counselling of the Petitioner was conducted by an NGO and her medical examination was also conducted in LBS hospital. It was confirmed that she was seven months pregnant.
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W.P.(CRL) 1092/2018
(i) The Petitioner stands released forthwith from Snehalay, Karkardooma.
(ii) The Petitioner is free to decide whom she wants to live with hereafter and she will take responsibility for her actions hereafter.
(iii) The Petitioner is free to leave from the Court itself of her own accord.
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W.P.(CRL) 1092/2018
Security will be provided to her from the Court itself by the SHO PS New Ashok Nagar. Her further security will be provided by the SHO, PS New Ashok Nagar upon an assessment of the requirement. If the Petitioner decides to live with Asif's parents in Rajasthan she will be provided the necessary police protection by the said SHO for the duration of the journey. Thereafter the necessary security will be provided by the concerned local police upon request by the Petitioner/Asif's parents.
S. MURALIDHAR, J.
I.S. MEHTA, J.
APRIL 13, 2018 sr
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W.P.(CRL) 1092/2018
2 issues framed by the court
Whether an individual who has attained the age of majority can be held in custody at a protective home against their will.
Whether a major individual is free to decide where and with whom they wish to reside.
Kusum @ Soniya
State (Govt of NCT) of Delhi & Anr.
S. Muralidhar
I.S. Mehta
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
