Disposed¶30

Vishnu Devi v. State through SHO Ps Narela & Ors.

Delhi HC27 Jan 2025W.P.(CRL)/271/2025

Case brief

AI extract

What is this about?

habeas corpus; minor girl; missing child; Vishnu Devi v. State through SHO PS Narela; W.P.(CRL) 271/2025; High Court of Delhi; FIR No. 0907/2024; Section 137 Bharatiya Nyaya Sanhita; PS Narela; Child Welfare Committee Alipur; shelter home; Baddi Himachal Pradesh; fourth time elopement with minor boy; girl produced before Court; order dated 27.01.2025; Prathiba M. Singh; Dharmesh Sharma; petition disposed.

What did the court decide?

The minor girl was produced before the Court; the petition was disposed of with directions to the parties to appear the same day before the Child Welfare Committee, Alipur, Delhi, which was directed to conduct a proper inquiry and ascertain whether to send the girl with the Petitioner/mother or place her in an appropriate shelter home. ¶30

Vishnu Devi Vs State through SHO Ps Narela & Ors. — Delhi HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶30

Issue for consideration

Whether a writ in the nature of habeas corpus should be issued for the production of the Petitioner's minor daughter, stated to have gone missing on 30th December, 2024. +1 more

¶13

Court's answer

Per the SHO's status report, the investigation was conducted and both the minor boy and the girl were traced in Baddi, Himachal Pradesh; the girl was produced before the Court.

¶22

Ratio / Principle

From the in-chamber interaction, the Court found this was the fourth time the girl had gone away with the same boy; on the earlier three occasions they were traced and dropped back to their respective homes; the mother expressed she was extremely upset and unwilling to accept the girl back as she has three other children whose lives could be adversely affected.

¶23

Key takeaways

The Investigating Officer informed the Court that the boy had been traced and handed over to his relatives as he has no parents, and the girl did not level any allegations against the boy.ratio¶24
The girl stated she wished to continue her education, did not wish to work, and was willing to go back to her mother.ratio¶29
In view of the facts presented, the Court directed the parties to appear before the Child Welfare Committee, Alipur, Delhi the same day so that the Committee could conduct a proper inquiry and pass necessary directions, and directed the Committee to ascertain whether to send the girl with the Petitioner/mother or place her in an appropriate shelter home.

Detailed headnote1 paragraphs

Delhi High Court (Prathiba M. Singh and Dharmesh Sharma, JJ.) disposed of a habeas corpus petition (W.P.(CRL) 271/2025, order dated 27.01.2025) filed by a mother seeking production of her minor daughter missing since 30.12.2024, in respect of which FIR No. 0907/2024 stood registered at PS Narela under Section 137 of the Bharatiya Nyaya Sanhita. Per the SHO's status report, the girl and a minor boy were traced in Baddi, Himachal Pradesh; the girl was produced. In-chamber interaction revealed this was the fourth occasion the girl had left with the same boy; she levelled no allegations against him and wished to continue her education and return to her mother, while the mother was unwilling to accept her back. The Court directed the parties to appear the same day before the Child Welfare Committee, Alipur, Delhi, to inquire and determine whether the girl be sent with the mother or placed in a shelter home. Petition disposed of.

¶1

$~65

¶2

IN THE HIGH COURT OF DELHI AT NEW DELHI

¶3

W.P.(CRL) 271/2025

¶4

VISHNU DEVI .....Petitioner Through: Mr. Dinesh Malik (DHCLSC), with Mr. Puneet Jain, Ms. Kiffi Aggarwal, Advocates alongwith Petitioner in person. (M:9810306400)

¶5

versus

¶6

STATE THROUGH SHO PS NARELA & ORS. .....Respondents Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Abhinav Kumar, Adv. for State with SI Mahender Patel and ASI Mukesh PS Narela. The girl has been produced.

¶7

CORAM: JUSTICE PRATHIBA M. SINGH JUSTICE DHARMESH SHARMA

¶8

O R D E R % 27.01.2025

¶9

This hearing has been done through hybrid mode.

¶10

CRL.M.A.2345/2025 (for exemption)

¶11

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

¶12

W.P.(CRL) 271/2025

¶13

The present petition has been filed on behalf of the Petitioner-Ms. Vishnu Devi seeking issuance of a writ in the nature of habeas corpus for the production of her minor daughter, who is stated to have gone missing on 30th December, 2024.

¶14

It is the case of the Petitioner that on 30th December, 2024 at about 9 am, her daughter left the residence and since then, her whereabouts are

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Page 1 of 3

¶16

W.P.(CRL) 271/2025

¶17

This is a digitally signed order.

¶18

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 28/01/2025 at 14:32:35

¶19

unknown.

¶20

According to the Petitioner, her daughter left her residence with a boy, who is also a minor. In pursuance to this, an FIR No. 0907/2024 was registered at PS. Narela, Delhi on 30th December, 2024 under Sections 137 of the Bharatiya Nyaya Sanhita.

¶21

On 6th January, 2025, the Petitioner is stated to have written a letter to the Chairperson of the Child Welfare Committee, Alipur, Delhi alleging that a boy, ‘Mr. A’ has taken her daughter away. 7. The matter has been listed today. A status report dated 27th January, 2025 authored by the SHO, PS. Narela has been handed over to the Court. The same has been taken on record.

¶22

According to the said status report, the investigation in the present case was conducted, and both, the minor boy and the girl, were traced in Baddi, Himanchal Pradesh.

¶23

Today, the girl has been produced. The Petitioner/mother is also present. The Court has had an in chamber interaction with the parties present. 10. From the chamber interaction, the facts gleaned are that this is the fourth time the girl has gone away with the same boy. On earlier three occasions, they were traced and were dropped back to their respective homes. Further, the mother has expressed that she is extremely upset with the daughter and is also not willing to accept her back into the house as she has three other children and their life could be adversely affected due to the behaviour of the girl.

¶24

The concerned Investigating Officer (‘IO’) has informed that the boy has been traced and has been handed over to his relatives as he has no parents. The girl does not level any allegations against the boy.

¶25

Page 2 of 3

¶26

W.P.(CRL) 271/2025

¶27

This is a digitally signed order.

¶28

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 28/01/2025 at 14:32:35

¶29

The girl on the other hand states that she wishes to continue her education and does not wish to work. She is willing to go back to her mother. 13. In view of the facts presented to the Court, let the parties appear before the Child Welfare Committee, Alipur, Delhi today itself so that the said committee can conduct a proper inquiry and pass necessary directions. The Child Welfare Committee, Alipur, Delhi is directed to ascertain whether to send the girl with the Petitioner/mother or to place her in an appropriate shelter home.

¶30

The petition is disposed of in the above terms. No further orders are called for.

¶31

Copy of the order be given dasti under the signatures of the Court Master.

¶32

PRATHIBA M. SINGH, J.

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DHARMESH SHARMA, J.

¶34

JANUARY 27, 2025/ dk/rks

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Page 3 of 3

¶36

W.P.(CRL) 271/2025

¶37

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 28/01/2025 at 14:32:35

Vishnu Devi v. State through SHO Ps Narela & Ors.

Case brief

What is this about?

What did the court decide?

Vishnu Devi v. State through SHO Ps Narela & Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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