Disposed

Savita v. State NCT of Delhi and Ors.

Delhi HC9 Sept 2026W.P.(CRL)/2748/2026

Case brief

AI extract

What is this about?

The Delhi High Court declined to proceed further with a Habeas Corpus petition regarding alleged illegal detention of the petitioner's brother due to disputed factual allegations. The case was disposed of with liberty to pursue appropriate legal proceedings if required.

What did the court decide?

The petition was disposed of without further proceedings; liberty was granted to initiate appropriate legal proceedings regarding allegations of illegal detention and torture.

Savita Vs State NCT of Delhi and Ors. — Civil Procedure and Limitation | Delhi HC (2026)

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$~18

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CNR No. DLHC010421782026

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W.P.(CRL) 2748/2026 SAVITA .....Petitioner Through: Mr. Inder Dev Singh, Mr. Yash Kumar, Mr. Anubhav Gupta, Mr. Vijay Kumar, Advocates.

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versus

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STATE NCT OF DELHI AND ORS .....Respondents Through: Mr. Sanjay Lao, Senior Advocate, with Mr. Aman Usman, APP Mr. Aryan Sachdeva, Ms. Priyam Aggarawal, Advocates and Insp. Rajender Singh, SHO, PS Narela.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 09.09.2026

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This petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) praying for issuance of a Writ in the nature of Habeas Corpus for production of the brother of the petitioner, namely Mr. Deepak Kumar, who it was alleged had been illegally picked up on 03.09.2026 and thereafter illegally detained by the respondents, specifically the respondent no. 3.

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On 07.09.2026, Mr. Sanjay Lao, learned Senior Counsel appeared for the respondents, had submitted that the brother of the petitioner had been called for investigation in FIR No. 577/2026 under

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This is a digitally signed order.

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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 14/09/2026 at 18:02:18

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Section 103(1)/109(1)/351(2)/3(5) of Bharatiya Nyaya Sanhita, 2023 & Section 25/27 of Arms Act on 06.09.2026, and after some interrogation, he was allowed to leave at about 8:00 PM on the same day with a notice asking him to again appear on 08.09.2026 at 11:00 AM. He had also produced the copies of these notices before us.

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Recording the above, we had adjourned the hearing of the Writ Petition to today, directing the respondents to produce Mr. Deepak Kumar before us. Later on the said day, however, the learned counsel for the petitioner mentioned the matter and submitted that the petitioner had received a call from an unknown number, informing that a boy, presumably the brother of the petitioner, had been found lying on the Narela Flyover. He, however, submitted that whether this person is in fact the brother of the petitioner is yet to be confirmed.

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Today, the learned counsel for the petitioner submits that the brother of the petitioner has returned, however, he maintains that he was illegally picked up and detained on 03.09.2026 till his release on 07.09.2026. He submits that he was also tortured in custody. 5. The above averments have been denied by Mr. Sanjay Lao, learned Senior Counsel for the respondents. He has also handed over a copy of the Status Report which is taken on record. 6. The Status Report, inter alia, gives details of the case in which the investigation is being carried out by the respondents and the requirement of the brother of the petitioner to participate in its investigation. 7. The Status Report further indicates that though the brother of the petitioner was called for further investigation on 08.09.2026, his

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This is a digitally signed order.

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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 14/09/2026 at 18:02:18

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whereabouts thereafter were not known and he did not appear.

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In the given facts and circumstances, we do not wish to proceed further with the present Writ Petition. As far as the allegation of the petitioner regarding her brother being illegally detained and tortured, as it will involve disputed question of fact, Mr. Deepak Kumar shall be at liberty to initiate appropriate legal proceedings, if required, for seeking appropriate relief on the same.

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We may also state that, if the brother of the petitioner is required to participate in the investigation of the above said FIR, which involves a serious crime, he must cooperate with the police. 10. The petition is disposed of in the above terms.

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NAVIN CHAWLA, J

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RAVINDER DUDEJA, J

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SEPTEMBER 9, 2026/ lks/ma/as

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This is a digitally signed order.

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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 14/09/2026 at 18:02:18

Savita v. State NCT of Delhi and Ors.

Case brief

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Savita v. State NCT of Delhi and Ors.

Case brief

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