This Division Bench heard a habeas corpus petition challenging the illegal detention of the accused's wife. Upon hearing, it was established that the alleged detainee had already reached home. The Court warned counsel against filing baseless petitions and dismissed the writ as withdrawn.
Petition dismissed as withdrawn with no further orders called for.
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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Date of Decision: 4th October, 2024
Through: Mr. Shannu Baghel, Advocate.
versus
STATE NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs. Inspector Rakesh Brar & Inspector Narender, PS Nangloi.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
Prathiba M. Singh, J. (Oral)
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of habeas corpus for production of Ms. Anju and for action being taken against the police officials.
“7. Today, Mr. Bhagel, ld. Counsel appears on behalf of the Petitioner and submits that the Petitioner Ms. Meenakshi is suffering from fever. He further submits that Ms. Anju had reached back home on 30th September, 2024 at around 03:00-04:00 pm.
8. Mr. Sanjay Lao, ld. Standing Counsel also raises a serious objection, that even on 1st October, 2024 when the matter was listed before a ld. Single Judge in prelunch session, it was not submitted to the Court that the lady Ms. Anju, whose production has been sought, had already returned home the day before i.e., 30th September, 2024.
9. Ms. Reena, who is another sister of the Accused, is present in Court today along with her niece (who is the daughter of the Accused-Dharmendra).
10. Let the CCTV footage of the concerned police station of 28th/29th September, 2024, which was directed to be preserved, be submitted to the Court Master.
11. The Petitioner-Ms. Meenakshi as also, Ms. Anju
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are directed to remain present in Court tomorrow. 12. List for hearing on 4th October, 2024.”
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PRATHIBA M. SINGH JUDGE
AMIT SHARMA JUDGE
OCTOBER 04, 2024 dj/rks/ Pc
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2 issues framed by the court
Whether the petition challenging illegal detention and seeking habeas corpus should be dismissed as withdrawn given that the alleged detainee had already reached home.
Whether the allegations against police officials in the petition should continue after the primary relief becomes moot.
MEENAKSHI
STATE NCT OF DELHI
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
