Delhi High Court - Orders
Gunjan Arya vs Govt Of Nct Delhi on 26 July, 2021
Author: Siddharth Mridul
Bench: Siddharth Mridul, Anup Jairam Bhambhani
$~S-14
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1338/2021 & CRL.M.A. 11350/2021 (Exemption)
GUNJAN ARYA ..... Petitioner
Through Mr. K.P. Jayaram, Advocate along
with the petitioner in person.
versus
GOVT OF NCT DELHI ..... Respondent
Through Mr. Sanjay Lao, Standing Counsel
(Criminal) along with Mr.
Karanjeet Sharma, Advocate for
the GNCTD with S.I. Kuldeep
Singh, P.S. Vikaspuri.
Mr. Akash Rastogi, Respondent
No. 2 in-person along with his son
Ishan Rastogi in-person.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 26.07.2021 The present matter has been taken up for hearing by way of Video Conferencing on account of COVID-19 pandemic.
The present petition under Article 226 of the Constitution of India, 1950 read with Section 482 of the Code of the Criminal Procedure, 1973 has been instituted on behalf of Ms. Gunjan Arya, essentially seeking as direction to her husband, namely Mr. Akash Rastogi, respondent No. 2 herein, to produce their minor child Ishan Rastogi, aged about 07 years, before this Court.
Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:27.07.2021 W.P.(CRL) 1338/2021 Page 1 of 3 19:43:32The child has been produced before us via video-conferencing. We have interacted at length with the parties above-mentioned. Ms. Gunjan Arya has also had a long conversation with Ishan Rastogi, through video conferencing.
Mr. K.P. Jayaram, learned counsel appearing on behalf of the petitioner, on instructions, seeks leave to withdraw this petition with liberty to initiate appropriate proceedings, in accordance with law, before the court of competent jurisdiction.
Leave and liberty granted.
However, in view of the interaction that we have had with the parties, we direct Mr. Akash Rastogi to permit his wife Ms. Gunjan Arya to talk to their minor son Ishan Rastogi, through video-conferencing everyday between 6:00 p.m. and 7:00 p.m., subject to the convenience of the child.
This direction shall obtain till such time as it is modified by the court of competent jurisdiction, in an appropriate proceedings.
For sake of clarity, it is recorded that Ms. Gunjan Arya shall be permitted by Mr. Akash Rastogi, to speak to their minor child Ishan Rastogi, without any deliberate impediment or hinderance.
Further, the court of competent jurisdiction is also expected to dispose of any proceedings that may be instituted on behalf of the parties expeditiously, after affording them adequate opportunity of being heard.
No further directions are called for in the matter. With the above directions, the writ petition is disposed of. Pending applications, if any, also stand disposed of.
Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:27.07.2021 W.P.(CRL) 1338/2021 Page 2 of 3 19:43:32It is clarified that we have not expressed any opinion on the merits of the matter.
A copy of this order be provided to learned counsel appearing on behalf of the parties electronically; and be also uploaded on the website of this court.
SIDDHARTH MRIDUL, J ANUP JAIRAM BHAMBHANI, J JULY 26, 2021/rs Click here to check corrigendum, if any Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:27.07.2021 W.P.(CRL) 1338/2021 Page 3 of 3 19:43:32