Disposed

Natasha and Anr. v. Govt of NCT State Delhi and Ors.

Delhi HC24 Sept 2024W.P.(CRL)/2948/2024

Case brief

AI extract

What is this about?

Daughter and grand-daughter sought a habeas corpus writ alleging Ms. Domi's illegal detention after sale of her property. Police status report and her statements before the police and court showed she resided with her grandson freely. Recording these statements and undertakings, the Court disposed of the petition.

What did the court decide?

Petition disposed of on recording of Ms. Domi's statement of free residence with her grandson and his undertaking permitting visits; no further orders issued.

Natasha and Anr. Vs Govt of NCT State Delhi and Ors. — Delhi HC (2024) — LawSathi Research

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$~25

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P.(CRL) 2948/2024 & CRL.M.A. 28826/2024

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NATASHA AND ANR. .....Petitioners

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Through: Mr. Mahesh Chand, Adv. with Petitioners in person.

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versus

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GOVT OF NCT STATE DELHI AND ORS. .....Respondents Through: Ms. Priyam Agarwal and Mr. Abhinav Kumar Arya, Advs. for Ms. Sanjay Lao, Standing Counsel (Crl.) for State with Insp. Rajeev Gautam and SI Vivek RaPS Mayur Vihar.

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Ms. Domi and Respondent No.2 in person.

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CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA

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O R D E R % 24.09.2024

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This hearing has been done through hybrid mode.

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CRL.M.A.28826/2024 (for exemption)

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Allowed, subject to all just exceptions. Application is disposed of.

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W.P.(CRL) 2948/2024

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The present petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarika Suraksha Sanhita, 2023 has been filed by the daughter and grand-daughter of Ms. Domi seeking issuance of a writ in the nature of habeas corpus for production of Ms. Domi.

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The allegation in the petition is that she is in illegal detention of Respondent Nos. 2, 3 and 4. The case of the Petitioners is that there was a property owned by Ms. Domi, which was sold to one Mr. Bansal and it is in

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Page 1 of 3

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W.P.(CRL) 2948/2024

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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 01/10/2024 at 11:36:19

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this regard that she was being kept under illegal detention. A FIR was filed by the Petitioners on 11^th September, 2024. Thereafter, the present petition has been filed.

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A status report dated 24th September, 2024 has been also handed over in the Court under the signatures of SHO PS Mayur Vihar by Respondent No.1, wherein it is recorded that Ms. Domi had appeared before the police station yesterday and all the parties were satisfied with her condition. The said status report is taken on record and the relevant portion of the same has been reproduced as under: -

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“2. That during investigation it came to notice that Smt. Domi, along with her grandson Manish, has been residing at House No. 29/493, Trilokpuri, Delhi. She categorically stated that she has been residing with her grandson Manish out of her own free will and consent. She further confirmed that she is not being restrained from moving freely or going anywhere. Additionally, she mentioned that she had resided with her granddaughter from March 2024 to July 2024, and there has been no restriction imposed on her in terms of meeting anyone. The Statement of Smt. Domi is enclosed herewith as “Annexure-A”

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3. That further the alleged Manish and the petitioner Natasha were examined respectively, their statements as well as their independent witnesses were recorded.”

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Statements of Ms. Natasha and Ms. Renu were also recorded by the police and said statements have also been annexed with the status report.

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Today, Ms. Domi, has appeared before this Court along with her grandson Mr. Manish, Respondent No.2. Both the Petitioners are also present

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Page 2 of 3

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W.P.(CRL) 2948/2024

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in Court. They state that they had met Ms. Domi yesterday in the Police Station Mayur Vihar.

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This Court has also enquired with Ms. Domi if she is under any duress or difficulty. She has categorically stated that she is quite comfortable in her grandson’s house. She further states that she would continue to live with Mr. Manish, her grandson. Further, Mr. Manish, who is present in Court, states that he has no objection or difficulty if the Petitioners or any other relatives come to meet Ms. Domi.

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Recording the above statements and accepting the undertakings, the present petition is disposed of and no further orders are called for.

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PRATHIBA M. SINGH, J.

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AMIT SHARMA, J.

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SEPTEMBER 24, 2024/ dk/Am

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Page 3 of 3

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W.P.(CRL) 2948/2024

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This is a digitally signed order.

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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 01/10/2024 at 11:36:19

Natasha and Anr. v. Govt of NCT State Delhi and Ors.

Case brief

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Natasha and Anr. v. Govt of NCT State Delhi and Ors.

Case brief

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