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High CourtsDivision Bench(2023) 11 DEL CK 0025

Seema vs State Govt. Of Nct Of Delhi And Ors.

Delhi High Court · Decided on 2 November 2023

HON’BLE JUDGES
Suresh Kumar Kait, J · Shalinder Kaur, J
RESULT
Disposed Of
CASE NUMBER
Criminal Writ Petition No. 3218 Of 2023

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Judgment

12 paragraphs · 362 words

Crl.M.A. 29838/2023 (exemption)

1.

Allowed, subject to just exceptions.

2.

The application is accordingly disposed of.

W.P.(Crl) 3218/2023

3.

The petitioner is aggrieved by the fact that her mother Smt.Rameshwari Devi was residing with her and after one week, i.e. on 12.10.2022, respondent no.3 i.e. the brother of the petitioner came to the house of the petitioner and took her with him to his residence on the assurance that he will bring her back after some days.

4.

Therefore, present petition has been filed seeking directions against respondent no.2 to produce the mother of the petitioner namely Smt.Rameshwari Devi from the custody of respondent no.3.

5.

Insp.Arjun Singh of Police Station Krishna Nagar appears with Mr.Sanjay Lao, learned Standing Counsel (Criminal) for Delhi Police and submits that he had visited the house of the brother of the petitioner i.e. respondent no.3 and upon his interaction with the mother of the petitioner, he found that the mother is staying comfortably and willingly with respondent no.3. He also submits that she stated that her son takes good care of her.

6.

We have perused the video recording of the abovesaid interaction.

7.

The petitioner who is present in Court with her counsel states that her mother is 90 year old and she just wants to meet her once.

8.

Though this Court has no power to direct the mother to meet the petitioner, however, since she is a daughter and considering that the mother has not said anything against her and has also not denied meeting her, therefore, we hereby dispose of the present writ petition by giving direction to the abovementioned Inspector that he shall take the petitioner to the house of her brother on 03.11.2023, where her mother is residing, at 4 pm for 10 minutes to meet her mother. Inspector shall be accompanied by one lady police officer at the said residence and the said officer shall ensure that the petitioner maintains congenial atmosphere and meet her mother peacefully.

9.

In case mother of the petitioner wishes to come with the petitioner, she would be at liberty to accompany her daughter.

10.

In view of above directions, petition is disposed of.