Allowed

Reeta Devi v. Govt. of NCT of Delhi & Ors.

Delhi HC23 Jan 2024W.P.(CRL)/237/2024

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What is this about?

The Delhi High Court disposed of a Habeas Corpus petition by a mother whose 15-year-old daughter went missing. After the State assured investigation was underway under the supervision of a Magistrate, the Court directed police to file monthly status reports and immediately produce the child or communicate clues found to the petitioner.

What did the court decide?

Petitioner directed that police file monthly status reports before the Magistrate and immediately produce the missing girl or communicate any clues found to the petitioner.

Reeta Devi Vs Govt. of NCT of Delhi & Ors. — Child Custody and Guardianship | Delhi HC (2024)

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 23.01.2024

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- W.P.(CRL) 237/2024

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REETA DEVI ..... Petitioner

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Through: Mr.Sandeep Mandar & Mr.Nishant Kumar, Advs.

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versus

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GOVT. OF NCT OF DELHI & ORS. .... Respondents Through: Mr.Sanjay Lao, Standing Counsel (Crl) with Ms.Priyam Agarwal & Mr.Abhinav Kr. Arya, Advs. Insp.Yumus Javed PS Ghazipur. Mr.Ashok Kashyap, Sr. Adv. for Respondent No.2.

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CORAM:

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HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN

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J U D G M E N T (oral)

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Crl.M.A. 2191/2024 (exemption)

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Allowed, subject to all just exceptions.

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Application stands disposed of.

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W.P.(Crl) 237/2024

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Present petition has been filed as Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking directions to the respondents to produce missing minor daughter of the petitioner.

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W.P.(CRL) 237/2024

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Page 1 of 3

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Signature Not Verified Digitally Signed By:ALKA BOBAL Signing Da te:2 4.01.2024 17:34

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The petitioner is aggrieved by the fact that on 09.04.2023, petitioner’s minor daughter, aged 15 years, went missing from home when everyone was sleeping and did not return back. Petitioner then tried to search her but to no avail. Petitioner’s husband filed a complaint on 14.04.2023, i.e. after 5 days from the incident and an FIR No.121/2023 was registered at police station Ghazipur for the offence punishable under Section 363 IPC. Petitioner has apprehension that suspect named Devdutt, who used to come at her house and is also missing from his house, is behind her abduction. Petitioner has averred that she visited the police station multiple times but no satisfactory response was given and the police has not made any effort to find out the whereabouts of her minor daughter till date.

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Notice issued.

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Mr.Sanjay Lao, learned Standing Counsel accepts notice on behalf of the State/respondent and has placed before this Court status report dated 23.01.2024 wherein it is stated that the investigation is underway and the progress in the matter is even monitored by the concerned Magistrate.

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The status report dated 23.01.2024 is taken on record and we have perused the same.

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In light of the aforesaid and since all possible efforts to trace the missing girl have been made and the FIR is pending investigation, we hereby dispose of the present writ petition directing the concerned police officials to file a monthly status report before the concerned Metropolitan Magistrate and if any clue is found about the minor daughter of the petitioner, the same shall be communicated forthwith to the petitioner and if the missing girl is rescued, she shall be immediately produced before the concerned Metropolitan Magistrate.

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W.P.(CRL) 237/2024

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Page 2 of 3

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Signature Not Verified Digitally Signed By:ALKA BOBAL Signing Da te:2 4.01.2024 17:34

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With directions as aforesaid, the petition is disposed of.

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(SURESH KUMAR KAIT) JUDGE

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(MANOJ JAIN) JUDGE JANUARY 23, 2024/ab

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W.P.(CRL) 237/2024

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Page 3 of 3

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Signature Not Verified Digitally Signed By:ALKA BOBAL Signing Da te:2 4.01.2024 17:34

Reeta Devi v. Govt. of NCT of Delhi & Ors.

Case brief

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Reeta Devi v. Govt. of NCT of Delhi & Ors.

Case brief

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