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Rita Devi vs State And Anr on 23 March, 2023

Author: Siddharth Mridul

Bench: Siddharth Mridul

                          $~S-21

                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      W.P.(CRL) 1540/2022

                                 RITA DEVI                                           ..... Petitioner
                                                      Through:      Mr. Hemant Singh, Advocate
                                                                    (DHCLSC).



                                                      versus


                                 STATE AND ANR.                                       ..... Respondents
                                             Through:               Mr. Sanjay Lao, Standing Counsel
                                                                    (Criminal) along with Ms. Priyam
                                                                    Agarwal and Mr. Abhinav Arya,
                                                                    Advocates with I.O.S.I. Mahesh
                                                                    Chand and Inspector B.D. Meera,
                                                                    P.S.: Badarpur.
                                                                    Ms. 'R' is present in-person.
                                 CORAM:
                                 HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                 HON'BLE MS. JUSTICE MINI PUSHKARNA

                                                      ORDER

% 23.03.2023 The present writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure (Cr.P.C), 1973, has been instituted on behalf of the petitioner, praying as follows:-

"It is, therefore, under the facts and circumstances of the case and submissions made hereinabove, most respectfully prayed that this Hon'ble Court may graciously be pleased to:

a) Issue a writ in the nature of Habeas Corpus or any other appropriate writ, directing the respondents to present the victim/daughter of the Petitioner namely Rachna before this Hon'ble Court and further directing to handover the Custody of Rachna to the Petitioner.

b) Pass any such order(s) which this Hon'ble Court deems fit and appropriate in the facts and circumstances of the case and in the interest of justice."

In view of the circumstance that, Ms. 'R', the 13 year-old hitherto missing minor daughter of the petitioner, is stated to be 12 to 14 weeks' pregnant; we direct the Delhi Police, to produce her before the Child Welfare Committee (CWC), Kalkaji, South District, during the course of the day today.

The concerned CWC is directed to pass an appropriate direction, particularly in view of the facts elaborated hereinabove, so as to ensure the minor's welfare and well-being and secure her rights and interest, in accordance with law.

The petitioner is at liberty to appear before the CWC, Kalkaji, South District and seek appropriate directions including restoration of the care and custody of her minor daughter, in accordance with law.

No further directions are prayed for, in the present habeas corpus petition.

With the above direction, the writ petition is allowed and disposed of accordingly.

A copy of this order be given dasti to learned counsel appearing on behalf of the parties and be uploaded on the website of this Court.

A copy of this order also be sent to CWC, Kalkaji, South District, for necessary information and compliance.

SIDDHARTH MRIDUL, J MINI PUSHKARNA, J MARCH 23, 2023/rs Click here to check corrigendum, if any Signature Not Verified Signed By:DURGESH NANDAN W.P.(CRL) 1540/2022 Page 3 of 3 Signing Date:23.03.2023 17:55:14