Delhi High Court – Orders
Bhagwan Das vs State (Nct)Of Delhi & Ors on 20 June, 2025
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1791/2025
BHAGWAN DAS .....Petitioner
Through: Mr. Sushil Kumar Jain, Adv.
versus
STATE (NCT)OF DELHI & ORS. .....Respondent
Through: Mr. Sanjay Lao, Standing Counsel
(Crl.) for State with Mr. Abhinav
Kumar Arya, Ms. Priyan Agarwal, Mr.
Aryan Sachdeva, Advocates alongwith
Insp. Shailendra Kumar Singh & SI
Phool Karan, PS Okhla Indl. Area.
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE RAJNEESH KUMAR GUPTA
ORDER
% 20.06.2025
1. This hearing has been done through hybrid mode.
CRL. M.A.___________/2025 (to be numbered by the Registry) in
W.P.(CRL) 1791/2025
2. The present petition has been filed under Article 226 of the Constitution
of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita,
2023 (hereinafter ‘BNSS’), for issuance of a writ in the nature of habeas
corpus thereby directing the Respondents to trace and produce the minor
daughter of the Petitioner, aged 17 years, who has been missing since 01st
May, 2025.
3. On the last hearing i.e., 27th May, 2025, Notice was issued in this
W.P.(CRL) 1791/2025 Page 1 of 4
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petition and the Respondent-State was granted the liberty to produce the
minor girl before the Vacation Bench if she was traced during the vacation.
4. Today, an application is moved on behalf of the Respondent/State for
urgent listing of the matter as the minor girl has been traced. The girl has been
produced before the Court. The Petitioner i.e., the parents of the girls are also
present.
5. Status report dated 20th June, 2025 has been presented by Insp. Ranjan
Kumar Singh, SHO, Okhla Industrial Area, Crime Incident area to the
following effect:
“DETAILS OF INVESTIGATION:-
In continuation of the previous status report, it is
further submitted that to trace the victim girl, assistance
of AHTU/Crime Branch was taken and on 16/06/25, the
team of AHTU/Crime Branch, Sector 16, Rohini, Delhi,
consisting of HC Anuj Kumar, No. 729/CR and W/HC
Sukanya No. 661/CR, recovered the victim S along with
suspect Zuber @ Sameer from H. No. E-10, Metro
Factory Ke Peeche Wali Gali, Jagarti Nagar, Laxmi
Ganj, Gwalior, Madhya Pradesh and they were brought
to PS Okhla Industrial Area, Delhi on 17/06/25. The
victim, S, was medically examined on 17/06/25 at AIIMS
Hospital, where she stated that she fled along with her
boyfriend to a place nearby Madhya Pradesh on 1/5/25
by her wish and she reported no history of any kind of
physical or sexual assault by her boyfriend Junaid.
On the same day, the statement of the victim, S,
was recorded under Section 183 BNSS before the Ld.
JMFC, Saket Court, where she expressed her wish to
live with her parents. Subsequently, the victim was
produced before the CWC, Kalkaji and she was kept at
Prayas Children’s Home for Girls, Tuglakabad, DelhiW.P.(CRL) 1791/2025 Page 2 of 4
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The Zuber @ Sameer, has been arrested in
earlier case registered regarding missing of same
Victim, named S, vide case FIR No. 116/25, dated
21/01/25, U/s 137(2)/123 BNS at PS Okhla Industrial
Area, Delhi and sent to Judicial Custody in Tihar Jail.
Investigation of the present case is pending and
any directions from the Hon’ble Court will be
meticulously complied with by the undersigned.”
6. From the above, it is clear that the girl was recovered on 16th June, 2025
from Gwalior, Madhya Pradesh and was brought to the Police Station, Okhla
Industrial Area, Delhi on 17th June, 2025. After the medical examination at
AIIMS, her statement was also recorded under Section 183 of BNSS. She
expressed her wish to live with her parents. She is presently being kept at
Prayas Children’s Home for Girls, Tuglakabad, Delhi. The boy in whose
company she was found, has been arrested.
7. The parents of the girl are also willing to take her back, but it is
submitted by Mr. Lao and Ld.counsel for the Petitioner that some counselling
would be required for the girl. Considering that the Child Welfare Committee
(hereinafter ‘CWC’) is already seized of the matter, let the girl continue to
reside in Prayas Children’s Home for Girls, Tuglakabad, Delhi and let the
regular counselling be given to the girl. The parents may also meet the girl
three times a week, if required.
8. The matter shall now be taken up on 27th June, 2025 before the CWC.
9. The parents may approach the CWC, for release of the girl to them. The
CWC shall consider the said request and also interact with the girl and then
pass orders in accordance with the law.
W.P.(CRL) 1791/2025 Page 3 of 4
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10. With the aforesaid directions, the application stands disposed of.
11. In view of the order passed in the application, the main petition being
W.P.(CRL) 1791/2025 stands disposed of.
12. The next date of hearing stands cancelled.
PRATHIBA M. SINGH
(VACATION JUDGE)
RAJNEESH KUMAR GUPTA
(VACATION JUDGE)
JUNE 20, 2025/CK/Ar.
W.P.(CRL) 1791/2025 Page 4 of 4
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
The Order is downloaded from the DHC Server on 25/06/2025 at 21:29:45