Single bench order dismissing a writ petition for habeas corpus due to unexplained delay in filing and existing property dispute involving the mother-in-law.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE I.S.MEHTA O R D E R % 10.08.2018
CRL.M.A.29786/2018 (Exemption)
Exemption allowed, subject to all just exceptions.
Application stands disposed of.
W.P.(CRL) 2389/2018 & CRL.M.A.29785/2018
The petitioner has preferred the present writ petition to seek a writ of habeas corpus for production of her husband who is allegedly in illegal confinement and detention of respondent nos. 1 to 5. Respondent nos. 1 to 3 are the State, Commissioner of Police and the SHO of PS-Timarpur. Respondent no. 4 is the mother-in-law of the petitioner i.e. the mother of the petitioner’s husband and respondent no. 5 is the husband of the sister-in-law
of the petitioner. The petitioner’s husband went missing on 09.09.2013, she made a complaint about the same on 10.09.2013. However, thereafter she has not followed up the matter at all and the second complaint was made only on 23.03.2018. This delay is completely unexplained. Mr.Chiatanya Gosain, Advocate has tendered in Court a status report which is taken on record. On the status report, it appears that there is a dispute pending between the petitioner’s mother-in-law on the one hand and the petitioner and her husband on the other hand in relation to a property occupied by the petitioner. Respondent no. 4 has already obtained a decree in her favour and she has also disowned her son i.e. the petitioner’s husband six years back.
In these circumstances, we are not inclined to entertain the present petition.
The petition is accordingly dismissed.
VIPIN SANGHI, J
I.S.MEHTA, J
AUGUST 10, 2018 nk
HEMA @ SAPNA
STATE OF NCT OF DELHI
VIPIN SANGHI
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.
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