Disposed¶8

Raj Kumari v. State NCT of Delhi

Delhi HC9 Apr 2025W.P.(CRL)/1079/2025

Case brief

AI extract

What is this about?

Delhi High Court, W.P.(CRL) 1079/2025, decided 09.04.2025; Bench: Subramonium Prasad, J and Harish Vaidyanathan Shankar, J. Petitioner Raj Kumari sought tracing/production of daughter Ms. 'V' under Article 226 Constitution read with Section 528 BNSS 2023 (illegal-detention writ). 'V' found to be a major (~30 years), living in Jabalpur, Madhya Pradesh with Mr. Shyam Narayan Shukla (~32 years) out of her own free will after leaving her husband; held not in illegal detention; writ disposed of; State directed to ensure safe passage/no harm till they leave Delhi. No precedent engaged; no quantum involved.

What did the court decide?

The State is directed to ensure safe passage to Ms. 'V' and Mr. Shyam Narayan Shukla and to ensure that no harm is caused to them till they leave Delhi. ¶8

Raj Kumari Vs State NCT of Delhi — Writ and Judicial Review | Delhi HC (2025)

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$~5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1079/2025

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RAJ KUMARI .....Petitioner Through: Mr. Sanjive Rohatgi and Ms. Bhavna Arora, Advocates.

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versus

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STATE NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal and Mr. Abhinav Kumar Arya, Advocates with IO Inspector Naveen and HC Aadesh, P.S. Sonia Vihar.

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CORAM:

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HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR

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O R D E R % 09.04.2025

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This is a petition filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking directions to the Respondent to trace and produce the daughter of the Petitioner - Ms. „V‟ before this Court.

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Notice in this petition was issued on 04.04.2025, wherein this Court passed the following order:-

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“1. This is a petition under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking directions to the Respondent to trace and produce the daughter of the Petitioner – Ms. „V‟ before this Court.

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Issue notice.

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Mr. Sanjay Lao, learned standing counsel enters appearance on behalf of the State and accepts notice.

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It is stated that the girl named „V‟ has been traced and she is living in Jabalpur and she is reportedly married to one, Mr. Shyam Narayan Shukla.

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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 21/04/2025 at 12:07:22

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Mr. Shukla and Ms. „V‟ joined through Video Conferencing. Ms. „V‟ states that she is living there out her own volition.

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Mr. Shukla and Ms. „V‟ have been directed to be present in Court on 09.04.2025 at 04:00 PM.

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List on 09.04.2025.”

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In compliance of the order dated 04.04.2025, Ms. „V‟ and Mr. Shyam Narayan Shukla, have appeared before this Court.

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This Court has interacted with Ms. „V‟ and Mr. Shyam Narayan Shukla in the Chamber.

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Ms. „V‟ is a major, aged about 30 years and Mr. Shyam Narayan Shukla is also major, aged about 32 years.

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Ms. „V‟ states that she has left her husband of her own free will and accord and is living with Mr. Shyam Narayan Shukla in Jabalpur, Madhya Pradesh. Mr. Shyam Narayan Shukla states that he wants to live with Ms. „V‟ and will be taking Ms. „V‟ with him to Jabalpur, Madhya Pradesh.

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In view of the fact that Ms. „V‟ is a major and has left the house of her husband of her own free will and accord, this Court is of the opinion that she is not in illegal detention, nothing further survives in the present petition.

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The present writ petition is disposed of in the aforesaid terms.

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State is directed to ensure safe passage to Ms. „V‟ and Mr. Shyam Narayan Shukla and shall ensure that no harm is caused to them till they leave Delhi.

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SUBRAMONIUM PRASAD, J

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HARISH VAIDYANATHAN SHANKAR, J

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APRIL 9, 2025/ AK

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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 21/04/2025 at 12:07:22

Raj Kumari v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Raj Kumari v. State NCT of Delhi

Case brief

What is this about?

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