Extracted from the PDF above. The PDF is authoritative.
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1783/2026 AJAY PAL .....Petitioner Through: Mr. Aftab Hussain and Ms. Anita, Advs. versus THE STATE (NCT OF DELHI) AND ORS .....Respondents Through: Mr. Sanjay Lao, St. Counsel (Crl.) with Ms. Priyam Agarwal, Mr. Aryan Sachdeva and Mr. Abhinav Kr. Arya, Advs. Ms. XXX in person. CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R %
02.07.2026
1. The present Writ Petition has been filed 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 for production of Ms. XXX, the minor daughter of the petitioner, before this Court. 2. Pursuant to our order dated 15.06.2026, Ms. XXX has appeared before us in person. She states that it is out of her own free will and volition that she is residing with her husband and that she does not wish to go back to the custody of the petitioner, her father. 3. Though the petitioner contends that Ms. XXX is a minor, and in this regard has placed reliance on Annexure P-1 to the petition which 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 06/07/2026 at 10:36:15
is a certificate issued by the MCD Primary School, we find from our earlier order dated 15.06.2026 that the said issue is also pending adjudication before the Allahabad High Court which has considered the Medical Age Determination Report of Ms. XXX and has found her to be between the age of 18 to 19 years. We also find multiple FIRs with one being registered at Police Station Hasayan, District Hathras, Uttar Pradesh being FIR No. 43/2026 at the behest of the petitioner himself. 4. Given the fact that proceedings are already pending before the Allahabad High Court on the same issue, we decline to exercise our discretionary jurisdiction in the present Writ Petition. Instead, we leave it open for the petitioner to approach the Allahabad High Court for redressal of his grievances. 5. The learned counsel for the respondents submits that certain preliminary investigation was done to determine the age of Ms. XXX.
He fairly submits that a copy of the said report will be handed over to the petitioner, which the petitioner may use in the said proceeding, if initiated. 6. The Writ Petition is disposed of in the above terms. NAVIN CHAWLA, J RAVINDER DUDEJA, J JULY 2, 2026/Arya/nj/as 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 06/07/2026 at 10:36:15