RUPINDER GILL vs STATE OF NCT OF DELHI AND ANR

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:4th November,2025 + W.P.(CRL) 3457/2025 RUPINDER GILL .....Petitioner Through: Mr. Yogesh Dass and Mr. Jitender Kumar, Advocates. versus STATE OF NCT OF DELHI AND ANR .....Respondent Through: Mr. Sanjay Lao, Standing Counsel with Insp. Neeraj Kr., P.S. Shahdara. CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN JUDGMENT 1. Present petition has been filed under Article 226 of the Constitution of India read with Section 528 B.N.S.S., 2023 and petitioner, inter alia, seeks directions in the nature of Habeas Corpus to the respondents to release his step-mother i.e. Mrs. Gyan Kaur who has, allegedly, been illegally detained by the respondent no. 2 (Old Age Care Home) at East Rohtash Nagar, Kabool Nagar, Delhi-110032. 2. The petitioner claims to be the step-daughter of Mrs. Gyan Kaur, with whom she had been residing. Her father, after the demise of the petitioner’s mother, had solemnised a second marriage with said Ms. Gyan Kaur. 3. Mrs. Kaur had earlier shifted to an alternative accommodation in Shahdara and even instituted a civil suit against the petitioner and other relatives. During the pendency of such suit, Mrs. Kaur was admitted to the Signature Not Verified Digitally Signed W.P.(CRL) 3457/2025 1 By:SONIA THAPLIYAL Signing Date:06.11.2025 16:42:47 Old Age Care Home (respondent no. 2 herein) at the instance of one Mr. Kapil, in whose favour she had executed a gift deed. Since then, the petitioner was unable to establish any contact with her step-mother. 4. Today, Mrs. Gyan Kaur has appeared before us in person. She has been brought in wheel chair and when asked, she expressed that, at the moment, she wanted to reside at the Old Age Care Home, only where she is duly provided with a