Mahendra Singh v. State (Govt of NCT of Delhi) & Ors

Delhi High Court · 30 May 2016 · 2016:DHC:9082-DB
G. S. Sistani; Sangita Dhingra Sehgal
W.P.(CRL)2344/2015
2016:DHC:9082-DB
criminal petition_dismissed

AI Summary

The Delhi High Court dismissed the habeas corpus petition seeking production of a woman who was found to have married of her own free will and whose age was medically assessed to be near majority.

Full Text
Translation output
J p r- $-4 HIGH COURT OF DELHI
W.P.(CRL)2344/2015
MAHENDRA SINGH Petitioner
Through: Ms.Puja Shrivastava,Advocate
VERSUS
STATE(GOVT OF NCtOF DELHI)& ORS Respondent
Through: Mr. Rahul Mehra, Standing Counsel (Crl) for the State with Mr. Amrit Singh, Mr. Shekhar Budakoti, Advocates and SI Ashish Kumar
Tyagi,P.S.Nihal Vihar.
Mr. Rajesh Chhetri, Mr. Rajeev Chhetri and Ms. Meenakshi Rawat, Advocatesfor RespondentNo.5.
CORAM:
HON'BLE MR.JUSTICE G.S.SISTANI
HON'BLE MS.JUSTICE SANGITA DHINGRA SEHGAL
30.05.2016 Present petitioner has been filed by the petitioner under Article 226 of the Constitution of India read with Section 482 of Code of Criminal
Procedure seeking a writ of habeas corpus for production of his daughter
Vandana, who has been missing since 27.06.2015 10:00 AM. On a complaint by herfather,FIR was registered on 14.07.2015.
Notice was issued in this matter on 05.07.2015. When the matter came up for hearing, counsel appearing on behalf ofrespondent No.5 had informed the Courtthat petitioner's daughter has married Shivam and they
2016:DHC:9082-DB are living as husband and wife. We then directed production of Vandana and Shivam. Two adjournments were granted. Thereafter, on 27.11.2015
Vandana was produced in Court. She claimed that she is 20 years of age.
She further submitted that the school certificate from Saraswati Public
Junior High School, which was annexed with the petition, is a fabricated document as she had never studied in the said school. On 04.02.2016,it was agreed that an ossification test be conducted on Vandana. Ossification test was conducted on Vandana on 09.03.2016 and a report has been submitted in Court. As per the report,the age ofVandana is assessed between 17 and
19 years.
In view ofthe stand taken by Vandana that she has married Shivam out ofher own free will and in view ofthe ossification test giving benefit of two years in favour ofVandana, we find that no further orders are required to be passed in this petition.
Accordingly,the present writ petition stands disposed of.
G.S.SISTANI,J SANGITA MAY 30,2016/Aj GRA GAL 2016:DHC:9082-DB
JUDGMENT