Petitioner filed a habeas corpus petition for her missing minor daughter. As the child was returned to the petitioner, the petition was declared infructuous and disposed of.
Petition declared infructuous and disposed of.
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STATE NCT OF DELHI & ANR. ..... Respondents Through: Mr. Rahul Mehra, Standing Counsel, with Mr. Chaitanya Gosain, Adv
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI
O R D E R
% 06.07.2018
The petitioner has preferred this petition to seek a writ of habeas corpus for production of her minor daughter Sheetal, who went missing on 03.03.2017. Sheetal was traced on 08.06.2018. Her statement under Section 164 Cr PC has already been recorded before the learned Magistrate. She has returned to live with her parents after she was handed over to her parents by CWC-10, Alipur on 11.06.2018.
We have interacted with Sheetal in Court. She has assured us that she would not leave her parental home without their permission and without informing them.
Since Sheetal has been returned to the petitioner, this petition has become infructuous and the same is disposed of as such.
VIPIN SANGHI, J
P.S.TEJI, J
JULY 06, 2018 sr
2 issues framed by the court
Whether a writ of habeas corpus remains maintainable after the missing minor is returned to the parents.
Whether a habeas corpus petition becomes infructuous if the child is already with the petitioner.
REKHA
STATE NCT OF DELHI
ANR
VIPIN SANGHI
P.S. TEJI
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
