Habeas corpus petition seeking production of the petitioner's missing wife, allegedly detained by Respondent No.3. Police status report showed the wife, a major, had voluntarily left home and lodged a complaint against the petitioner. The court declined to proceed further and disposed of the petition.
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MADAN LAL .....Petitioner
Through: Mr M.S. Khan, Mr. Akbar Kaleem Advocates
versus
STATE NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao (Standing Counsel (CRL)) with Mr. Abhinav Kumar Arya, Mr. Aryan Sachdeva Advocates SI Parmendra Kumar, SI Lalit Mohan, PS DBG Road
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR
O R D E R
% 09.05.2025 CRL.M.A. 14578/2025 (Exemption)
Allowed, subject to all just exceptions.
W.P.(CRL) 1567/2025, CRL.M.A. 14577/2025
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 00:58:08
“ 5. That in the meantine, a letter purportedly signed by Smt. Sharda was received through Speed Post, wherein she alleged harassment and torture at the hands of her husband and in-laws and stated that she had voluntarily and willingly left her matrimonial home without any pressure. Enquiry is underway to trace the origin and trail of the Speed Post communication.
6. That during further enquiry, it came to notice that on 17.04.2025 at around 2:22 PM, the said Smt. Sharda had physically visited PS DBG Road and lodged a separate complaint against her husband (present Petitioner). The same has been corroborated by the CCTV footage of the Duty Officer Room of PS DBG Road.
7. That from ground-level enquiry conducted by the local police, it has emerged that there is an ongoing matrimonial dispute between the complainant/petitioner and the missing person.
8. That the complainant has expressed suspicion over one person, namely Kamal Singh S/o Narain Singh R/o H. No. 10593, Manakpura, Karol Bagh, Delhi. He has been thoroughly examined during the enquiry; however, no incriminating material has surfaced to connect him with the disappearance of Smt. Sharda. Nevertheless, a close watch is being maintained on him. ”
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 00:58:08
the matter.
SUBRAMONIUM PRASAD, J.
HARISH VAIDYANATHAN SHANKAR, J.
MAY 09, 2025 Rahul
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 00:58:08
1 issue framed by the court
Whether a writ of habeas corpus lies to produce the petitioner's wife alleged to be in unlawful detention of Respondent No.3.
1 provisions across 1 enactments
Madan Lal
State NCT of Delhi
Kamal Singh
Subramonium Prasad
Harish Vaidyanathan Shankar
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
