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2026 DAILYLAW 7045 (DEL)

NEENA GUPTA & ANR. v. THE STATE OF NCT OF DELHI & ORS.

W.P.(CRL)/89/2026 · 2026-01-30

Navin Chawla, Ravinder Dudeja

Writ Petition (Criminal)body2026

Judgment text

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$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 89/2026 NEENA GUPTA & ANR. .....Petitioners Through: Mr. Abhishek Gupta, Advocate with petitioners versus THE STATE OF NCT OF DELHI & ORS. .....Respondent Through: Mr. Sanjay Lao, Standing Counsel with Mr. Abhinav Kumar, Mr. Aryan Sachdeva and Mr. Priyam Aggarwal, Advocates with Insp. Daya Nand Yadav, SI Chetan, P.S.Paschim Vihar, West. Mr. Ankur Aggarwal and Mr. Ananay Lamba, Advocates for respondent no.3. Ms. Shyel Trehan, Sr. Adv. with Mr. Rohan Poddar, Ms. Vidhi Jain, Mr. Dinesh Kumar Chouhan and Mr. Vaibhav Raj Singh Rathore, Advocates for R-5. Mr. Brijesh Kumar Gupta for respondents Sanjiv Kumar Gupta and Mr. Dhruv Gupta, Advocates. CORAM: HON'BLE MR. JUSTICE NAVIN CHAWLA HON'BLE MR. JUSTICE RAVINDER DUDEJA O R D E R % 30.01.2026 1. This petition has been filed under Article 226 of the 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 02/02/2026 at 12:37:33 Constitution of India read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [BNSS], seeking issuance of a Writ in the nature of Habeas Corpus for production and release of the sister of the petitioners, Mrs.XXX, and her daughter, Ms.YYY, who were stated to be in the illegal confinement of the respondent no. 5. 2. This Court, by its order dated 12.01.2026, with the consent of the counsels for the parties and Mrs. XXX, directed Mrs. XXX and Ms. YYY to appear before a Medical Board to be constituted by the Institute of Human Behaviour and Allied Sciences (in short, ‘IHBAS’) for medical evaluation. 3. An interim report of such assessment was placed before us by Dr. Nitish Verma, Senior Resident, ‘IHBAS’, on 15.01.2026, inter alia stating that further evaluation was required. We had allowed the same. 4. Today, further Medical Reports have been submitted before us in a sealed cover. We have perused the same and have also interacted with Mrs. XXX and Ms. YYY. The Medical Reports indicate that they do require Out-Patient Treatment. 5. Mrs. XXX has stated that due to some dispute with her husband, son, and daughter-in-law, she would not like to stay with them, but instead with the petitioners. She would also avail of all her legal remedies for maintenance and other reliefs. 6. On the other hand, Ms. YYY states that she would like to stay with her father, respondent no.3 herein. As she is a major, she may continue to stay with the respondent no.3. 7. We have been assured by the petitioners, Mrs. XXX, the respondent no.3, and Ms. YYY, that Mrs. XXX and Ms. YYY shall 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 02/02/2026 at 12:37:33 continue with their treatment with ‘IHBAS’, as has been advised by the Medical Board. 8. Leaving the parties to seek appropriate reliefs for further grievances, if any, we dispose of the petition accordingly. 9. The Medical Reports be kept back in a sealed cover. NAVIN CHAWLA, J RAVINDER DUDEJA, J JANUARY 30, 2026/ib/ma/ik 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 02/02/2026 at 12:37:33