Nilofar Joya Rizqi v. State NCT Delhi

Delhi High Court · 08 Dec 2025 · 2025:DHC:11091-DB
Vivek Chaudhary; Manoj Jain
W.P.(CRL) 3975/2025
2025:DHC:11091-DB
constitutional petition_dismissed

AI Summary

The Delhi High Court dismissed a Habeas Corpus petition seeking production of a major sister who voluntarily chose to live with her parents, affirming the autonomy of a major individual in custody matters.

Full Text
Translation output
W.P.(CRL) 3975/2025 1
HIGH COURT OF DELHI
Date of Decision: 08th December,2025
W.P.(CRL) 3975/2025
NILOFAR JOYA RIZIQI .....Petitioner
Through: Mr. Ali Hukam, Adv.
WITH
petitioner in person along
WITH
her parents.
VERSUS
STATE NCT DELHI & ORS. & ORS. .....Respondents
Through: Mr. Sanjay Lao, St. Counsel (Crl.)
WITH
Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya and Mr. Aryam Sachdeva, Advs.
Mr. Prashant Mendiratta, Mr. Sanchit Saini, Ms. Sneha Mathew, Ms. Vaishnavi Saxena, Ms. Avni Soni, Mr. Rohit Gadhia, Ms. Aamya Sharma and
Ms. Sakshi Jain, Advs. for R-4.
CORAM:
HON'BLE MR. JUSTICE VIVEK CHAUDHARY
HON'BLE MR. JUSTICE MANOJ JAIN
JUDGMENT

1. The present writ petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking issuance of direction in the nature of Habeas Corpus directing the respondents to produce ‘Miss M’, sister of the petitioner.

2. We have interacted with Miss M, her parents, sisters and also respondent No.4. During interaction, Miss M, who is major, has volunteered W.P.(CRL) 3975/2025 2 to go back with her parents. We expect all concerned to respect her such decision.

3. Since Miss M is major and can take her own independent decisions, no further order is required to be passed.

4. The present petition is, accordingly, disposed of in aforesaid terms.

5. Before parting, we also hereby direct respondent No.4 to show utmost restraint and not to intermeddle with the decision taken by Miss M in any manner whatsoever. In case any such instance is brought to our knowledge, we shall not hesitate in reviving the present petition.

(VIVEK CHAUDHARY) JUDGE (MANOJ JAIN)

JUDGE DECEMBER 8, 2025/ss/pb