Disposed

Tulsi v. State of NCT of Delhi & Ors.

Delhi HC13 Mar 2024W.P.(CRL)/825/2024

Case brief

AI extract

What is this about?

Habeas corpus petition seeking production of a petitioner's missing 17-year-old daughter, who had been traced under FIR registered for kidnapping. The girl expressed a wish to return to her parents; court directed that custody be handed over to the parents after her Section 164 Cr.P.C. statement was recorded, disposing of the petition.

What did the court decide?

Custody of the recovered minor daughter handed over to her parents after recording her Section 164 Cr.P.C. statement; petition disposed of.

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

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$~(urgent mentioning)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of decision: 13^th March, 2024

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- W.P.(CRL) 825/2024 TULSI ..... Petitioner

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Through: Mr. Mandeep Baisala, Mr. Dhananjay Singh, Mr. Shahrukh Ahmad and Ms. Somi Sharma, Advocates.

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versus

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STATE OF NCT OF DELHI & ORS. ..... Respondents Through: Mr. Sanjay Lao, Standing Counsel for the State with Ms. Priyam Agarwal, Advocate with Inspr. Sanjay Parkash, SHO, PS Sonia Vihar and SI Vijay, PS Sonia Vihar.

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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 had been filed as Habeas Corpus under Article 226 of the Constitution of India seeking directions to respondent Nos.2 and 3 to produce respondent No.4, i.e., missing minor daughter of the petitioner.

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The petitioner is aggrieved by the fact that on 04.03.2024, her minor daughter left home at around 12:30 pm in her school dress but did not come back and despite all possible efforts, she could not be traced out. Upon the complaint of the petitioner, FIR 139/2024 was registered under section 363 of IPC at Police Station Burari.

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The matter had been taken up on 11.03.2024 on urgent mentioning and directions were given to the State to produce the missing minor daughter of the petitioner before Court and to file a status report and the matter was directed to be listed on 14.03.2024.

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Page 1 of 2

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W.P.(CRL) 825/2024

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Signature Not Verified

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Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 4.03.2024 16:40:49

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The matter has been taken up today on mentioning as the missing girl has been recovered.

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Learned Standing Counsel for the State has submitted status report dated 13.03.2024. The same is taken on record.

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Learned Standing Counsel for the State submits that during the course of investigation, the minor daughter of the petitioner has been recovered and her statement under Section 164 Cr.P.C. is to be recorded today itself.

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The minor daughter of the petitioner, who is 17 years old, is present in Court today. We have interacted with her and she submits that she would like to go back to her parents. Her parents are also ready to accept her.

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Accordingly, it is directed that the custody of the minor daughter of the petitioner be handed over to her parents, after recording of her statement under Section 164 Cr.P.C.

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In view of the above, petition is, accordingly, disposed of.

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The next date of 14.03.2024 stands cancelled.

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(SURESH KUMAR KAIT)

JUDGE

(MANOJ JAIN)

JUDGE

MARCH 13, 2024 st

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Page 2 of 2

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W.P.(CRL) 825/2024

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:1 4.03.2024 16:40:49

Tulsi v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

Tulsi v. State of NCT of Delhi & Ors.

Case brief

What is this about?

What did the court decide?

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