Delhi High Court - Orders
X (Thr. Her Legal Guardian) vs State Of Nct Of Delhi on 4 June, 2020
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 869/2020
X (THR. HER LEGAL GUARDIAN) ..... Petitioner
Through : Mr.Kriti Uppal, Sr Advocate with
Mr.Sidharth Chopra, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through : Mr.Rahul Mehra, Standing Counsel
(Crl) and Mr.Chaitnaya Gosain,
Advocate and SI Ria, PS Vasant Kunj
North, Delhi.
Mr.Neelam Narang, Advocate for
Delhi Commission for Women.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 04.06.2020
1. The hearing has been conducted through Video Conferencing.
Crl.M.A.No.7184/20202. Exemption allowed, subject to the condition that petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.
3. The application stands disposed of.
Crl.M.A.No.7183/20204. Exemption allowed, subject to all just exceptions.
5. The application stands disposed of.
W.P.(CRL) 869/2020
6. This writ petition is filed by the petitioner for directing the respondent no.2 in FIR No.63/2019 registered at P.S. Vasant Kunj W.P.(CRL) 869/2020 page 1 of 3 (North) to release the minor petitioner to the custody and care of her guardians and/or directing the POCSO Court to conduct the evidence of the minor petitioner through video conferencing or any other medium as convenient to the said Court.
7. The facts of the case are the mama and mami of the minor petitioner were working with the accused person, against whom this FIR has been registered under the provisions of the POCSO Act and it was in these circumstances, the learned Trial Court decided the child be put in care and custody of Courage and Healing, a Children Home of Government of NCT of Delhi vide its order dated 04.03.2020. Thereafter a W.P.(Crl.) 649/2020 was filed, wherein this Court directed as follows:-
" Since the matter is seized by the learned POCSO Court and since the date is fixed for recording of the statement of mama/mami on 27.05.2020 it would be appropriate if such date be preponed and firstly the statement of the child victim be recorded so that an effective order qua her custody be passed.
In the circumstances, it would be appropriate if the parties appear before the learned POCSO Court on 03.04.2020 at 2:00 PM and the learned POCSO Court may fix a date for recording of deposition of child within the month of the April, 2020 itself, if possible."
8. It is now submitted by the learned senior counsel for petitioner despite the directions given to record the deposition of the child in April, 2020 nothing has been done so far in view of the non- functioning of the Trial Courts. It is stated since the learned Trial Courts are not recording evidence the petitioner may be allowed to make a representation before the High Powered Committee, Delhi High Court in view of the urgency involved qua custody of the W.P.(CRL) 869/2020 page 2 of 3 minor child. The learned Standing Counsel for the State also urges the same.
9. Nevertheless, the learned counsel on behalf of the DCW submit the child is comfortable in Courage and Healing, Children Home of Government of NCT of Delhi, in an uninfluenced environment and is making good progress in her studies, drawing etc.
10. As submitted, the petitioner may move a representation before the High Powered Committee, Delhi High Court to seek a clarification as to if recording of evidence, in such like matters, would qualify as an urgent matter. It would, of course be without prejudice to the rights of either of the parties to seek further legal remedy as may be applicable.
11. The petition stands disposed of. Pending application(s), if any, also stands disposed of.
YOGESH KHANNA, J.
JUNE 04, 2020 DU/M W.P.(CRL) 869/2020 page 3 of 3