Dan Singh Rawat v. State & Anr

Delhi High Court · 11 Jul 2022 · 2022:DHC:5994-DB
Siddharth Mridul; Amit Sharma
W.P.(CRL)1322/2020
2022:DHC:5994-DB
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed a habeas corpus petition after the missing daughter was produced and stated she left voluntarily, affirming that such writ is not maintainable when the person is not unlawfully detained.

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w > HIGH COURT OF DELHI
W.P.(CRL)1322/2020
DAN SINGH RAWAT Petitioner
Through: Petitioner is presentin-person.
VERSUS
r STATE &ANR Respondents
Through: Mr. Sanjay Lao,Standing Counsel (Criminal) along with Mr. Karanjeet Rai Sharma, Advocate for the State with S.I. Ramesh
Kaushik,A.H.T.U./Crime Branch.
CORAM:
HON'BLE MR.JUSTICE SIDDHARTH MRIDUL
HON'BLE MR.JUSTICE AMIT SHARMA
11.07.2022 The present writ petition has been instituted on behalf of the petitioner,praying as follows:-
"It is most respectfully prayed that this Hon'ble Court may graciously be pleased to pass the following Writ, Orders, Directions: i. Issue a Writ of Habeas Corpus directing the
Respondents to trace, locate and produce the Petitioners minor daughter, Anjali, before this
Hon'ble Court;
W.P.(CRL)1322/2020 Page 1 of3
2022:DHC:5994-DB ii. Issue a Writ, order or direetion directing the investigation of FIR No. 0399 dated 14.08.2020 in
P.S. Swaroop Nagar u/S 363 IPC to be carried out by the Anti Human Trafficking Unit,Outer North of
Delhi Police; iii. Direct Respondents to forthwith file an Action
Taken Report of the investigation into the disappearance ofAnjali before this Hon'ble Court;
IV Pass such other or further order(s) as this Hon'ble
Court may deem fit and proper in the facts and circumstance ofthe present case."
A status report dated 11.07.2022, authored by Assistant
Commissioner of Police, Crime Branch, A.H.T.U., Delhi, has been handed over in Courttoday.The same be taken on record.
Mr. Dan Singh Rawat, the petitioner, as well as, Ms. Anjali, his purported missing daughter, are present before this Court in-person today.
Ms. Anjali states that, she left her parental home of her own free will and desire and currently resides at Rupahriya, Bahraich, Utfar
Pradesh. Ms. Anjali further states that, she does not wish to reside with her father,the petitioner.
Mr. Dan Singh Rawat, the petitioner states that, he has no objection,ifMs.Anjali, his adult daughter continues to exercise her free will by residing at a place ofher choice.
In view ofthe foregoing,the reliefofhabeas corpus prayed for,in the present writ petition,stands satisfied.
No further directions are called for.
With the above direction,the writ petition is disposed of.
W.P.{CRL)1322/2020 Page 2of3 ^3 The date already fixed i.e. 13.07.2022 stands cancelled.
JULYll,2022/rs^K r SIDDIM^ MRIDUL,J AMIT/SHARMA,J
W.P.(CRL)1322/2020 Page3 of3
JUDGMENT