Shyama Devi Vs State of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2025)

Shyama Devi Vs State of NCT of Delhi & Ors. — Writ and Judicial Review | Delhi HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of with directions: Police to trace the missing girl and Respondent No.3 (including bank/social media account checks); Magistrate, North-West, Rohini to supervise the investigation and communicate the order; liberty to petitioner to file a fresh application if they are not found within a reasonable time. Connected CRL.M.A. 2024/2025 (exemption) allowed subject to just exceptions and disposed.

Issue for consideration

Whether the petitioner's 17-year-old daughter is in illegal detention/custody of Respondent No.3 and his family members (Respondent Nos. 4 to 8), entitling the petitioner to a writ of habeas corpus for her production.

Court's answer

Police directed to take diligent steps, including checking the bank and social media accounts of the boy and the girl, and to trace them expeditiously.

Ratio / Principle

The concerned Magistrate (North-West, Rohini) directed to supervise the investigation diligently and seek strict action by the Police.

Key takeaways

Liberty reserved to the petitioner to approach this Court by way of an application if the boy and girl are not found within a reasonable time.ratio¶19

Detailed headnote1 paragraphs

Habeas corpus petition under Article 226 of the Constitution read with Section 528 BNSS by a mother seeking production of her 17-year-old daughter, missing since 4th August 2024 and suspected to be illegally detained by Respondent No.3 and his family (Respondent Nos. 4 to 8); FIR No. 492/2024, PS Rohini. Search-warrant proceedings under Section 102 BNSS, 2023 before the Magistrate, North-West, Rohini had yielded two orders and police reports with which the petitioner was dissatisfied. Police status report dated 23.01.2025 stated that Respondent No.3 was also missing from the same day and a raid at Muzaffarpur, Bihar proved futile. The Court took the status report on record, directed diligent police investigation including bank and social media account checks, directed the Magistrate to supervise the investigation, reserved liberty to the petitioner to re-approach the Court if the two were not found within a reasonable time, and disposed of the petition along with pending applications.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 237/2025 & CRL.M.A. 2024/2025 SHYAMA DEVI .....Petitioner

Through: Mr. Shubham Aggarwal, Mr. Sorabh Dahiya & Ms. Khushboo Aggarwal, Advs. versus STATE OF NCT OF DELHI & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Criminal) with Ms. Priyam Agarwal & Mr. Abinav Kumar Arya, Advs. with Insp. Daljeet & SI Randeep, PS Rohini North

CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA

O R D E R

% 23.01.2025

This hearing has been done through hybrid mode.

CRL.M.A. 2024/2025 (for exemption)

Allowed, subject to all just exceptions. Application is disposed of.

W.P.(CRL) 237/2025

The present petition has been filed by Ms. Shyama Devi under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagrik Suraksha Sanhita seeking issuance of a writ in the nature of habeas corpus for the production of her 17 year old daughter.

The Petitioner suspects that she is being illegally detained by Respondent No.3 and his family members i.e., Respondent Nos. 4 to 8. According to the Petitioner, her daughter has been missing since 4^th August, 2024. An FIR being FIR No. 492/2024 was also registered at PS, North

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 12:12:21

Rohini. The matter has also been taken up before the concerned Magistrate, North-West, Rohini after the petitioner had made an application for issuing search warrants under Section 102 of BNSS, 2023. Two orders have been passed in the said case but the Petitioner is not satisfied with the reports which have been filed by the Police.

Today, a status report dated 23rd January, 2025 has been presented before the Court by the Police stating that the Respondent No.3 is also missing from the same day. It further states that investigation has been carried out with his family members and a raid was also conducted in their permanent address at Muzaffarpur, Bihar. However, Respondent No.3 and the missing girl could not be found. The status report is taken on record.

The Police shall ensure that they take diligent steps including steps for checking up the bank and social media accounts of the boy and the girl and trace them in an expeditious manner.

The concerned Magistrate shall also supervise the investigation diligently and seek strict actions by the Police.

If the boy and girl are not found within a reasonable time, the Petitioner is permitted to approach this Court by way of an application.

A copy of this order be communicated to the concerned Magistrate, North-West, Rohini.

The petition is disposed of with these orders. All pending application(s), if any, are also disposed of.

PRATHIBA M. SINGH, J.

DHARMESH SHARMA, J.

JANUARY 23, 2025/ Rahul/am

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 12:12:21