Disposed¶27

Sunny Kumar & Anr. v. State NCT of Delhi and Ors.

Delhi HC23 Jan 2025W.P.(CRL)/1883/2024

Case brief

AI extract

What is this about?

High Court of Delhi; W.P.(CRL) 1883/2024; Sunny Kumar & Anr. v. State NCT of Delhi & Ors.; Manmeet Pritam Singh Arora, J.; order dated 23.01.2025; Article 226 Constitution of India; Section 482 Cr.P.C.; protection of life and liberty; complaint dated 31.05.2024; alleged illegal custody by UP Police / PS New Agra; SHO PS Bhajanpura intimation; Ms. Alish traced and returned to parents; no appearance by petitioners; petition disposed of without merits adjudication; liberty to avail remedies; pending applications disposed.

What did the court decide?

The writ petition is disposed of, since no one appears for the petitioners (who have been absent since the first date of hearing) and the missing girl Ms. Alish has returned to her family. ¶27

Sunny Kumar & Anr. Vs State NCT of Delhi and Ors. — Writ and Judicial Review | Delhi HC (2025)

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$~29

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- W.P.(CRL) 1883/2024

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SUNNY KUMAR & ANR. .....Petitioner

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Through: None

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versus

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STATE NCT OF DELHI AND ORS. .....Respondents Through: Mr. Anand V. Khatri, ASC (Criminal) for the State with SI Akash Kumar, PS: Bhajanpura. Mr. Anil Mittal and Mr. Atul Chauhan, Advs. for R-5 & 6.

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CORAM: HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

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O R D E R % 23.01.2025

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The present writ petition has been filed under Article 226 of the Constitution of India read with Section 482 of Criminal Procedure Code, 1973 (Cr.P.C.) seeking the following prayers: -

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a) issue a writ of mandamus or writ of any other nature, order(s), direction(s)to the respondents thereby directing the respondent no.1 to 4 to protect the life and liberty of petitioners from the respondent no.5 to 8 alongwith their associates, who are threatening the petitioners to liquidate them and hence the life and liberty of the petitioners are in jeopardy and also prohibit them from interfering in the life and liberty of petitioners in any manner whatsoever, in the interest of justice.

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b) Direct the respondent no.1 to 4 to take appropriate legal action on the complaint dated 31.05.2024 made by the petitioners to them followed by the copies to respondent no.5 and 6 and to file a detailed action taken report before this Hon'ble Court so that further suitable appropriate order/ direction may be

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Page 1 of 3

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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 27/01/2025 at 12:40:30

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passed in the present matter;

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c) The respondent no.1 to 4 to obtain all Footages of CCTV Camera installed in & around residents of petitioner no.2 etc. in order to show the illegal custody of petitioner no.2 by the respondent no.8 in connivance with local police of PS: New Agra and also direct the ‘respondent no. 1 to 6 to produce the footage of CCTV Cameras installed in PS: New Agra to show the illegal custody / condiment of petitioner no.2 in PS: New Agra; .

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d) Also direct the respondents jointly and severally whether Agra Police made -any intimation of their arrival to local Police Station before taking the petitioner no.2 to Agra, U.P. 16

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e) Also grant adequate compensation to the petitioner no.2 for his illegal custody / confinement by the UP Police in violation of law from the pocket of erring police officials.

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f) Any other or further order(s) which this Hon'ble Court deems fit and proper in the facts and circumstances of the case may also be passed in favour the petitioners and against the respondents.

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Learned ASC appearing for the State submits that none has appeared for the Petitioners in this matter right from the first date of hearing before this Court.

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2.1 He states that the issue in the present matter pertains to a young girl named Ms. Alish, who is a major by age and went missing from her home in U.P.; and she was sought to be found by her parents. He states Ms. Alish have since been traced and has returned back to her parents.

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2.2 He states that as far as the allegations in the petition qua Respondent Nos. 5 and 6 are concerned, the UP Police had duly notified their arrival in Delhi to the concerned Station House Officer (SHO) Police Station (PS) Bhajanpura and therefore there was no illegality committed.

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2.3 He states in view of these facts, there is no further direction to be passed in this matter.

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Since none appears for the Petitioners and considering the fact that

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Page 2 of 3

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Ms. Alish has returned back to her family, the petition is disposed of. 4. The disposal of this petition shall not be construed as expression of opinion on the merits of the petition since the same have not been adjudicated upon. The Petitioner shall remain at liberty to avail its remedies in accordance with law.

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Pending applications if any stand disposed of.

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MANMEET PRITAM SINGH ARORA, J

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JANUARY 23, 2025/NG/ sk/hp

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Click here to check corrigendum, if any

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Page 3 of 3

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Sunny Kumar & Anr. v. State NCT of Delhi and Ors.

Case brief

What is this about?

What did the court decide?

Sunny Kumar & Anr. v. State NCT of Delhi and Ors.

Case brief

What is this about?

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