Disposed

Mina Devi v. State of NCT of Delhi & Ors.

Delhi HC8 Jan 2024W.P.(CRL)/2679/2022

Case brief

AI extract

What is this about?

Petitioner filed a habeas corpus petition seeking her minor daughter's recovery after she went missing. The court disposed of the petition after police confirmed efforts but issued directions to file quarterly status reports to the magistrate and petitioner.

What did the court decide?

Directed police to file quarterly status reports before the Metropolitan Magistrate and to provide them to the petitioner, and to forthwith communicate any clue found regarding the missing girl.

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

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$~12

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 8^th January, 2024

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W.P.(CRL) 2679/2022 MINA DEVI ..... Petitioner Through: Mr. Sudarshan Raja, Advocate (DHCLSC) with Mr. Hitain Bajaj, Advocate versus

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STATE OF NCT OF DELHI & ORS. .... Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates with Insp. Rajeev Kumar and SI Prameet, PS Adarsh Nagar, Delhi

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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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Present petition has been filed in the nature of Habeas Corpus under Article 226 of the Constitution of India read with Section 482 Cr.P.C. seeking directions to the respondents to produce petitioner’s minor daughter before this Court.

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The petitioner is aggrieved by the fact that petitioner’s daughter has been missing since 06.06.2022 and she got a missing report registered on the same day. Subsequently, an FIR No.576/2022 dated 08.06.2022, under

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W.P.(Crl) 2679/2022 Signature Not Verified

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Page 1 of 3

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Digitally Signed By:ALKA BOBAL Signing Da te:1 0.01.2024 12:30

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Section 363 IPC, was registered at Police Station Adarsh Nagar, Delhi.

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It is averred in the petition that on 13.09.2022, two persons namely, Ajay and Rohit came to the petitioner’s house and threatened her that since she had been making complaints to various authorities and legally exerting pressure upon the police and other authorities to get her daughter recovered, they would also kidnap her other two daughters if she does not abstain herself from making such complaints. Petitioner apprehends that the above said three persons, in conspiracy with each other, kidnapped her daughter. Therefore, the petitioner gave a written complaint qua Ajay, Rohit and their brother Mohit in the kidnapping of her daughter. However, despite her complaint, the police have failed to interrogate the above named three persons and to trace out her daughter. Hence, the present petition has been filed.

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Learned Standing Counsel has handed over a status report dated 05.01.2024 to this Court which is taken on record. It is stated in the status report that on the complaint of Rohit, an FIR No.572/2022, under Section 363 IPC was registered qua missing of his brother Mohit aged 14 years on 06.06.2022. It is further stated that the family of missing girl and missing boy are living on the ground floor and third floor, respectively, of the same building. On 27.08.2023, a friend of missing boy Mohit was examined and he stated that the missing boy has not contacted him and he does not know about his whereabouts, however, it came to notice that the missing boy had an instagram account, i.e. mohitking72. However, there was no clue regarding him. One relative of missing boy Mohit namely Sunil contacted over his mobile number and transaction details of bank account of missing boy were obtained and analysed, search of missing boy and girl was also

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W.P.(Crl) 2679/2022 Signature Not Verified Digitally Signed By:ALKA BOBAL Signing Da te:1 0.01.2024 12:30

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done at the prominent places in Delhi, however, there is no clue about them. A notice dated 04.01.2024 has been sent to Cyber Police Station, NorthWest Delhi qua the latest details of instagram account of missing boy and reply of same is awaited.

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In light of the aforesaid and since all possible efforts to trace petitioner’s daughter have been made, we hereby dispose of the present writ petition directing concerned police officials to file quarterly status reports regularly before the concerned Metropolitan Magistrate and also to provide the same to the petitioner and, if any clue is found qua the missing girl, the same be communicated to the petitioner, forthwith.

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With directions as aforesaid, the petition stands disposed of.

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(SURESH KUMAR KAIT)

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JUDGE

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(MANOJ JAIN) JUDGE

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JANUARY 8, 2024/rk

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W.P.(Crl) 2679/2022 Signature Not Verified Digitally Signed By:ALKA BOBAL Signing Da te:1 0.01.2024 12:30

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Mina Devi v. State of NCT of Delhi & Ors.

Case brief

What is this about?

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Mina Devi v. State of NCT of Delhi & Ors.

Case brief

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