This Delhi High Court issued a writ under Article 226 directing the police to transfer the missing minor girl case to the AHTU for tracing. Upon production, the court accepted her marriage and liberty remained with her for residence.
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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SMT RITA KUMARI .....Petitioner
Through: Mr. Niteen Kumar Sinha, Advocate alongwith Petitioner in person.
versus
STATE NCT OF DELHI AND ANR .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal & Mr. Abhinav Kumar Arya, Advocates. Insp. Mahendra & ASI Sunita P.S. AHTU, Crime Branch.
The Girl and boy/Rajesh Yadav in person.
Mr. Anil Kumar Sharma and Mr. Narender Kumar, Advocates for Rajesh Yadav.
CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R % 11.11.2024
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:20:35
lodged bearing FIR No. 0155/2024 at P.S. Mayur Vihar Phase-I under Section 363 IPC.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:20:35
extracted hereinunder:
“3. Today, a detailed status report dated 13th October, 2024 has been placed on record setting out the steps taken for tracing the minor girl. The investigation till now has been undertaken by the SHO, P.S. Mayur Vihar, however, the girl is still not traceable.
4. In view of this matter, let the investigation be transferred to Anti Human Trafficking Unit (‘AHTU’), Crime Branch, who shall take expedient steps for tracing the minor girl. The records of the present case be transferred to AHTU, Crime Branch.”
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:20:35
PRATHIBA M. SINGH, J
AMIT SHARMA, J
NOVEMBER 11, 2024/ bsr/sc/rks
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 13/11/2024 at 12:20:35
1 issue framed by the court
Whether the marriage of the minor-turned-adult ward is valid and her liberty to reside with her spouse must be upheld.
2 provisions across 2 enactments
Rita Kumari
State NCT of Delhi
Rajesh Yadav
Prathiba M. Singh
Amit Sharma
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
