Disposed¶15

Mrs. Shila Devi v. the State (Govt. of NCT of Delhi)

Delhi HC25 Feb 2026W.P.(CRL)/681/2026

Case brief

AI extract

What is this about?

Delhi High Court W.P. (CRL) 681/2026, decided 25.02.2026, Division Bench (Navin Chawla & Ravinder Dudeja, JJ.). Habeas corpus under Article 226 of the Constitution read with Section 528 BNSS, 2023; wife seeks production of husband Chandr Pal allegedly detained by Delhi Police (PS Neb Sarai) from 24.02.2026, 4:00 PM, during inquiry into missing son aged about 18 years 6 months suspected of eloping with a 17-year-old girl; State says detainee was questioned and released twice; disputed questions of fact not entered into; detenu admittedly not in police custody; petition disposed of with liberty to avail remedies; no precedent cited.

What did the court decide?

No habeas-corpus direction issued; petition disposed of, with liberty left to Mr. Chandr Pal to pursue his remedies in accordance with law. ¶15

Mrs. Shila Devi Vs the State (Govt. of NCT of Delhi) — Writ and Judicial Review | Delhi HC (2026)

What the court decided

AI extract

Outcome

No habeas-corpus direction issued; petition disposed of, with liberty left to Mr. Chandr Pal to pursue his remedies in accordance with law.

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Issue for consideration

Whether the Court should grant habeas-corpus directions for production of the petitioner's husband, Mr. Chandr Pal, whom she alleged was illegally detained by the Police from 24.02.2026, while the State maintained he had only been called for questioning and released.

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Court's answer

The Court declined to enter into the disputed questions of fact between the petitioner's claim of illegal detention and the State's account that Mr. Chandr Pal had merely been called for enquiry and let go.

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Ratio / Principle

Since Mr. Chandr Pal was admittedly no longer in Police custody, the Court left him free to avail of his remedies in accordance with law, if so advised, and disposed of the petition without issuing habeas-corpus directions.

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Detailed headnote1 paragraphs

HABEAS CORPUS - WRIT PETITION (W.P. (CRL) 681/2026, decided 25.02.2026, High Court of Delhi, DB: Navin Chawla & Ravinder Dudeja, JJ.: Petition under Article 226 of the Constitution read with Section 528 of the BNSS, 2023 by Mrs. Shila Devi seeking production of her husband, Mr. Chandr Pal, allegedly taken away by the Police on 24.02.2026 at 04:00 PM without reasons, purportedly while inquiring into the disappearance of her son (aged about 18 years and 6 months) on an allegation that the son may have eloped with a girl aged about 17 years. The State, through its Standing Counsel, admitted the man had been called for ascertaining his son's whereabouts but was let go, called again on the date of hearing, and again let go; the petitioner's counsel asserted continued illegal detention until the petition was filed. HELD: The Court refrained from adjudicating the disputed questions of fact; as Mr. Chandr Pal was admittedly not in Police custody, the petition was disposed of, leaving him free to avail of his remedies in accordance with law.

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$~17

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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W.P. (CRL) 681/2026 MRS. SHILA DEVI .....Petitioner Through: Mr. M Hasibuddin, Ms. Gracey Sachdeva and Mr. Ayush Singh, Advocates.

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versus

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THE STATE (GOVT. OF NCT OF DELHI) .....Respondent Through: Mr. Sanjay Lao (Standing Counsel) (Criminal) with Mr. Aryan Sachdeva, Advocate with Insp. Rakesh Kumar (through VC), PS-Neb Sarai.

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CORAM:

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HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 25.02.2026

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This petition has been filed under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking directions in the nature of Habeas Corpus for the production of Mr. Chandr Pal, the husband of the petitioner.

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It is alleged that Mr. Chandr Pal was taken away by the Police on 24^th February, 2026 at 04:00 PM without giving any reasons and under the garb of inquiring into the missing of the only son of the petitioner, who is aged about 18 years and 6 months, and on an allegation that he may have eloped along with a girl aged about 17 years, living in the vicinity of the petitioner.

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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 28/02/2026 at 13:15:26

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Mr. Sanjay Lao, learned Standing Counsel, who appears on advance notice of this petition submits that it is correct that Mr. Chandr Pal had been called for the purposes of ascertaining if he knows the whereabouts of his son, however, he was let go and called again today. He was, thereafter, again let to go today.

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The learned counsel appearing on behalf of the petitioner, on the other hand, reiterates that Mr. Chandr Pal was illegally detained by the Police from 04:00 PM of 24^th February, 2026 and it is only on the filing of the present petition that he was released.

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Without entering into these disputed questions of facts and leaving it open to Mr. Chandr Pal to avail of his remedies in accordance with law, in case he is so advised, as he is now admittedly not in Police custody, the petition is disposed of.

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NAVIN CHAWLA, J

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RAVINDER DUDEJA, J

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FEBRUARY 25, 2026/ vd/ma

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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 28/02/2026 at 13:15:26

Mrs. Shila Devi v. the State (Govt. of NCT of Delhi)

Case brief

What is this about?

What did the court decide?

Mrs. Shila Devi v. the State (Govt. of NCT of Delhi)

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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