XXXX vs THE STATE NCT OF DELHI AND ANR

Judgment text excerpt

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 14th October, 2025 + W.P.(CRL) 2512/2025 XXXX .....Petitioner Through: Petitioner-in-person versus THE STATE NCT OF DELHI AND ANR .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl.) with Mr. Priyam Agarwal and Mr. Abhinav Kr. Arya, Advocates SI Aarti Yadav, PS Kapashera CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. The present petition has been filed by the Petitioner under Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking issuance of a writ in the nature of Habeas Corpus or any other appropriate writ or order directing Respondent No.1 to immediately trace and produce the missing minor daughter of the Petitioner, who is suspected to be in the illegal detention and custody of Respondent No.2 (Ashok Kumar), the landlord of the Petitioner. The Petitioner further seeks a writ in the nature of Mandamus commanding the police authorities to register an appropriate case under the relevant provisions of the Protection of Children from Sexual Offences Act, 2012 (POCSO). Signature Not Verified Digitally Signed W.P.(CRL) 2512/2025 1 By:SONIA THAPLIYAL Signing Date:15.10.2025 17:13:28 2. Petitioner is a permanent resident of Delhi and respondent No.2, being landlord, used to frequently visit their premises. During such visits, he began showing unusual and inappropriate interest in the Petitioner’s family, particularly towards her minor daughter aged about 16 years. Petitioner, even, warned her daughter to maintain distance from him. 3. On fateful day of 25.07.2025, around 4:30 PM, the Petitioner noticed that her daughter was missing from home. 4. Fearing that she had been lured away