Mohd Aftab Alam Vs the State NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

Mohd Aftab Alam Vs the State NCT of Delhi & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

Issue for consideration

Whether the Court should give a direction to the State to trace and produce the petitioner's minor daughter, who was missing from 02.02.2025.

Court's answer

After the petitioner's minor daughter had been recovered and was produced before the Bench, and following the Court's interaction with the girl, the petitioner and his wife, nothing further survived in the writ petition, which was accordingly disposed of.

Ratio / Principle

On interaction with the daughter of the petitioner, the petitioner and his wife, the Court recorded that she had been staying with her friend, a girl named Chhotu; she had voluntarily come back, her statement under Section 183 BNSS 2023 was recorded, and her MLC disclosed no history of physical or sexual assault.

Detailed headnote1 paragraphs

W.P.(CRL) 1412/2025, High Court of Delhi (order dated 14.05.2025; Subramonium Prasad & Harish Vaidyanathan Shankar, JJ.) — Writ petition listed on special mentioning seeking a direction to the State to trace and produce the petitioner MOHD AFTAB ALAM's minor daughter, missing from 02.02.2025. By the date of hearing the girl had been recovered. On interaction, the girl, the petitioner and his wife stated that she had run away from home without informing anyone owing to a misunderstanding with her mother and had been staying with her friend, a girl named Chhotu; she had voluntarily returned. Her statement under Section 183, Bharatiya Nagarik Suraksha Sanhita, 2023 had been recorded; the MLC recorded no history of physical or sexual assault; and she had been produced before the Child Welfare Committee, Kalkaji, New Delhi. Finding that nothing further survived in the writ petition, the Bench disposed of the petition and cancelled the hearing fixed for 20.05.2025. Companion CRL.M.A. 13140/2025 (exemption) was allowed subject to all just exceptions. Petitioner side: appearance not given. Respondents: Mr. Sanjay Lao, Standing Counsel (CRL), with Mr. Abhinav Kumar Arya and Mr. Aryan Sachdeva, Advs.; Insp. Manjusha, PS Sarita Vihar also noted.

$~74

IN THE HIGH COURT OF DELHI AT NEW DELHI

- W.P.(CRL) 1412/2025

MOHD AFTAB ALAM .....Petitioner Through: Appearance not given.

versus

THE STATE NCT OF DELHI & ORS. ....Respondents Through: Mr. Sanjay Lao, Standing Counsel, (CRL) with Mr. Abhinav Kumar Arya & Mr. Aryan Sachdeva, Advs. Insp. Manjusha, PS Sarita Vihar.

CORAM:

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

CRL.M.A. 13140/2025 (Exemption)

Allowed, subject to all just exceptions.

The application stands disposed of.

W.P.(CRL) 1412/2025

The present writ petition has been listed today on special mentioning.

The writ petition has been filed for a direction to the State to trace and produce the minor daughter of the Petitioner who was missing from 02.02.2025.

It is stated that the girl has been recovered.

The Status Report has been filed.

The daughter of the Petitioner states that due to some

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 02/07/2025 at 01:05:59

misunderstanding with her mother, she ran away from her house without informing anyone and was staying with her friend.

She has voluntarily come back. The statement of the girl under Section 183 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been recorded.

The Medico-Legal Certificate [“ MLC ”] has been conducted wherein she has stated that there is no history of physical or sexual assault.

She has also been produced in the Child Welfare Committee, Kalkaji, New Delhi.

We have interacted with the daughter of the Petitioner, the Petitioner and his wife, who all state that she was staying with her friend, who is a girl, namely, Chhotu.

The body of the girl is produced. Nothing further survives in this writ petition.

The petition is disposed of.

The next date of hearing 20.05.2025 stands cancelled.

SUBRAMONIUM PRASAD, J.

HARISH VAIDYANATHAN SHANKAR, J.

MAY 14, 2025/ v

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 02/07/2025 at 01:05:59