Disposed

Mr Shiv Kumar Paswan v. State of NCT of Delhi through Dcp South, Delhi Police

Delhi HC18 Mar 2024W.P.(CRL)/909/2024

Case brief

AI extract

What is this about?

Petitioner sought habeas corpus for his missing 16-year-old daughter. The State informed the court that the girls were rescued, statements were recorded, and parents appeared willing to receive them. The petition disposed retaining custody with parents.

What did the court decide?

Custody of the rescued girls to be handed over to their respective parents. Petition disposed of.

Mr Shiv Kumar Paswan Vs State of NCT of… — Constitutional and Fundamental Rights | Delhi HC (2024)

¶1

$~30

¶2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(CRL) 909/2024

¶4

MR SHIV KUMAR PASWAN ..... Petitioner

¶5

Through: Ms. Shivambika Sinha, Advocate.

¶6

versus

¶7

STATE OF NCT OF DELHI THROUGH DCP SOUTH, DELHI POLICE ..... Respondent

¶8

Through: Mr. Sanjay Lao, Standing Counsel for the State with SI Gaurav and WCT Kamlesh, P.S.: Saket.

¶9

CORAM:

¶10

HON'BLE MR. JUSTICE SURESH KUMAR KAIT HON'BLE MR. JUSTICE MANOJ JAIN

¶11

O R D E R % 18.03.2024

¶12

The present petition is filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, the petitioner seeks issuance of writ of habeas corpus to trace and produce his minor daughter, aged about 16 years, who has been missing since 5:30 pm on 11.03.2024.

¶13

The petitioner has averred that he is working as security guard at Sainik Farms and his daughter, who is studying in Sarvodaya Kanya Vidyalaya School, Sector-01, Pushp Vihar, Saket, New Delhi had gone to school on 11.03.2024 but did not return home.

¶14

Page 1 of 3

¶15

W.P.(CRL) 909/2024

¶16

This is a digitally signed order.

¶17

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 20/03/2024 at 14:32:58

¶18

Upon making inquiries, he came to know that daughter of one Inderjeet also went missing from the school on the same day.

¶19

Upon requesting when the CCTV camera footage was sealed, it was seen that the petitioner’s daughter was standing at the gate of the school at around 5:30 pm.

¶20

Being aggrieved, the father of other missing girl filed a complaint and FIR No.185/2024 dated 12.03.2024 has been registered for the offence under Section 363 IPC at police station Saket, New Delhi.

¶21

The petitioner is aggrieved that subsequent upon registration of the FIR, he has many times gone to the police station, however, the officers have failed to conduct any search and investigation. Hence, the present petition has been filed.

¶22

Notice issued.

¶23

Mr. Sanjay Lao, learned APP appearing for the State accepts notice.

¶24

Learned APP submits that during the investigation, on 17.03.2024, an information was received that the missing girls namely ‘S’ and ‘K’ were rescued from the Ambala Cantt Railway Station by the RPF staff; and their statements under Section 164 Cr.P.C. are to be recorded. The State has also produced status report dated 18.03.2024.

¶25

Ms. ‘S’ and Ms. ‘K’ are present in court today. The parents of Ms. ‘K’ are present in court.

¶26

Ms. ‘K’ submits that she would like to stay with her parents, who are ready to take her to their house. Ms. ‘S’ also states that she would like to go to her parents’ house.

¶27

In view of the above, after recording their statements under Section 164 Cr.P.C., the custody of girls be handed over to their respective parents.

¶28

Page 2 of 3

¶29

W.P.(CRL) 909/2024

¶30

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 20/03/2024 at 14:32:58

¶31

The petition is accordingly disposed of.

¶32

SURESH KUMAR KAIT, J

¶33

MANOJ JAIN, J

¶34

MARCH 18, 2024/ uk

¶35

Page 3 of 3

¶36

W.P.(CRL) 909/2024

¶37

This is a digitally signed order.

¶38

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

¶39

The Order is downloaded from the DHC Server on 20/03/2024 at 14:32:58

Mr Shiv Kumar Paswan v. State of NCT of Delhi through Dcp South, Delhi Police

Case brief

What is this about?

What did the court decide?

Mr Shiv Kumar Paswan v. State of NCT of Delhi through Dcp South, Delhi Police

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Argha Basu Vs Central Bureau of Investigation

Gurudev Vs State of NCT Delhi

Shafeek Ahmad Vs State (Nct of Delhi)

Yatinder Sharma and Others Vs the State and Another

The Pr. Commissioner of Income Tax -9 Vs Vatika Limited

Amrik Singh Vs State (Gnct of Delhi)

Zahida & Anr. Vs Commissioner of Police & Ors.

Harish Kumar & Ors. Vs the State & Anr.

Smt. Chandani Vs State (Nct of Delhi)

State Vs Rohit

State Vs Raja Ram

Gopal Singh Bist Vs Union of India & Anr.

State (Nct of Delhi) Vs Vikrant Birla @ Kaatu

Seema through Adv Sumayya Khatoon Vs Gnctd and Others