The Court disposed of a Habeas Corpus petition for an adult woman who appeared in court stating she was not in illegal custody but wished to live with a friend rather than her in-laws or parents. The Court directed the State to escort her to her chosen residence.
Petition disposed of; State directed to escort petitioner's candidate to her chosen residence.
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GURMAN KAUR ..... Petitioner Through: Mr. Gurmit Singh Hans with Ms.Somya Chugh and Ms. Nishu, Advocates. versus THE STATE AND OTHERS ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Shivesh Kaushik, Advocates Inspr. Yash Pal, Inspr. Dhananjay Pratap, ASI Surender, PS Dabri and W/HC Suman, PS Janakpuri.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN
J U D G M E N T (oral)
“Issue a writ of Habeas Corpus or any other appropriate writ, thereby directing the respondent(s) to recover Ms. Damyanti Upadhyay @ Anju from the illegal custody of the Respondent No. 2.”
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W.P.(CRL) 411/2024
Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 7.02.2024 12:50:00
with her parents and would not like to stay with them either. She states that she would like to continue to live with her friend.
(SURESH KUMAR KAIT)
JUDGE
(MANOJ JAIN) JUDGE
FEBRUARY, 06, 2024 st
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W.P.(CRL) 411/2024 Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 7.02.2024 12:50:00
1 issue framed by the court
Whether a writ of Habeas Corpus is maintainable for an adult woman who voluntarily chooses her residence?
2 provisions across 2 enactments
Gurman Kaur
The State and Others
Suresh Kumar Kait
Manoj Jain
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
