BHARAT SAH vs THE STATE OF NCT OF DELHI

Judgment text excerpt

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 23rd September, 2025. + W.P.(CRL) 2705/2025 BHARAT SAH .....Petitioner Through: None. versus THE STATE OF NCT OF DELHI .....Respondent Through: Mr. Sanjay Lao, Standing Counsel (Crl.) for State with Ms. Priyam Agarwal, Mr. Abhinav Kr. Arya, Advocates CORAM: HON'BLE MR. JUSTICE VIVEK CHAUDHARY HON'BLE MR. JUSTICE MANOJ JAIN J U D G M E N T (oral) 1. This case has been taken up on urgent mentioning by the State. 2. 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 seeking directions to the respondent to produce missing son of petitioner. 3. The brief facts of the case are that the son of the petitioner was last seen on the evening of 30.07.2025 when he had gone to attend his classes near Kapashera, New Delhi. 4. When the matter was last taken up on 27.08.2025, learned Standing Counsel had been directed to file a Status Report. 5. Learned Standing Counsel for the State has handed over status report in the Court wherein it is stated that the minor son of the petitioner has been recovered on 16.09.2025. It is further stated that Child Welfare Committee Signature Not Verified Digitally Signed W.P.(CRL) 2705/2025 1 By:SONIA THAPLIYAL Signing Date:24.09.2025 14:41:01 (CWC), vide its order dated 17.09.2025, has already handed over the custody of the minor son of the petitioner to his elder brother, on behalf of his parents. In statement recorded under Section 164 Cr.P.C. (183 BNSS 2023), the minor son of the petitioner has not made any allegation against any person whomsoever. 6. Status report dated 22.09.2025 is taken on record. 7. The Court Master was asked to contact the