Delhi High Court - Orders
Sonali Barman And Anr vs Commissioner Of Police And Ors on 23 August, 2022
Author: Jasmeet Singh
Bench: Jasmeet Singh
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1897/2022
SONALI BARMAN AND ANR. ..... Petitioner
Through: Mr. Kamlesh Kumar Mishra, Mr.
Gaurav Jain, Mr. Bibhuti Bhushan Mishra, Ms.
Shivalika, Ms. Chandana, Advs.
versus
COMMISSIONER OF POLICE AND ORS ..... Respondent
Through: Mr. Yasir Rauf Ansari, ASC
Ms. Sija Nair, Ms. Yamini, Advs.
Insp. Vinod Yadav, PS Palam Village
Mr. Rishikesh Kumar, Ld. ASC with Ms. Ruchita
Garg, Advs. for R-7
CORAM:
HON'BLE MR. JUSTICE JASMEET SINGH
ORDER
% 23.08.2022
1. This is a petition filed seeking writ in the nature of mandamus or any other writ to ensure protection of the petitioner Nos. 1 and 2 from arrest and detention.
2. The petitioner Nos.1 and 2 are both present in Court and identified by Mr. Mishra, learned counsel. The petitioner No.1 is stated to be 18 years and 5 months old.
3. Ms. Chandana, counsel appearing along with Mr. Mishra, learned counsel for the petitioner, who is well-versed in Bengali language has put questions asked by the Court, to the petitioner No.1 in Bengali language.
Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:24.08.2022 19:41:004. The petitioner No.1 states that she has family problems at her house in District Cooch Behar, West Bengal, and she has left her house out of her own free will and volition. She further states that she has come to Delhi and the petitioner No.2, who is her friend and neighbour, is looking after her.
5. She is not married to the petitioner No.2 but is staying with him and both are in love with each other and intend to get married very soon. However, she states that the respondent No.9, who is the father of the petitioner, has registered an FIR No. 704/2022 dated 18.08.2022 registered at PS Tufanganj, Cooch Behar, West Bengal under Section 365 IPC, and the petitioner No.2 is apprehending arrest.
6. In view of the fact that the petitioner No.1 is a major and has chosen to come to Delhi out of her own free will and volition and is staying with her, issue notice. Mr. Rauf, learned ASC accepts notice, seeks and is granted 4 weeks to file a status report.
7. List on 12.01.2023.
CRL.M.A. 16463/2022-INT. RELIEF
8. This is an application field seeking interim ex parte orders.
9. Issue notice to the respondent Nos. 5 and 9 through all permissible modes including electronic.
10. For the reasons stated above, the respondent No.1 will give protection to the petitioners and ensure their safety and well-being in Delhi.
11. It is further directed that the petitioner No.2 shall not be arrested in the FIR No. 704/2022 dated 18.08.2022 registered at PS Tufanganj, Cooch Behar, West Bengal under Section 365 IPC for kidnapping of the petitioner No.1 by petitioner No.2 in view of the clear statement made Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:24.08.2022 19:41:00 by the petitioner No.2 in Court today.
12. The petitioners will share their mobile number and address with Mr. Rauf, learned ASC who shall ensure that the Beat Officer regularly keeps vigil on the petitioners‟ safety and well-being.
13. List on 12.01.2023.
14. Dasti under the signature of the Court Master/ Private Secretary.
JASMEET SINGH, J AUGUST 23, 2022 / (MS) Click here to check corrigendum, if any Signature Not Verified Digitally Signed byAMIT ARORA Signing Date:24.08.2022 19:41:00