CRWP/8743/2026 of SARFUDDIN Vs STATE OF HARYANA AND OTHERS on 28 July 2026

1. The present criminal writ petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus for appointment of a Warrant Officer to visit the spot or suance of direction to respondents No.1 to 3 to produce/release the two tenue sisters i.e. Alziya aged 13 years and Aaliya aged 11 years and be produced in Court from the illegal custody of respondent No.4, who had illegally detained the sisters of the petitioner at some unknown place by using force upon them.

2. On the previous date of hearing, this Court directed respondent No. 3 to conduct a raid at the residence of respondent No. 4 and, in the event the detenues were found there, to recover them and produce them before this Court on the next date of hearing.

3. Perusal of the status report filed on behalf of the State reveals that, in compliance with the order dated 21.07.2026 passed by this Court, the police officials conducted a raid at the address of respondent No. 4 and successfully traced and recovered the two minor detenues, namely, Alziya and Aaliya @ Alia, on 23.07.2026. Upon their recovery, both the minors were KUMUD VERMA

Chandigarh medically examined at B.K. Civil Hospital, Faridabad, vide MLC No. FBD/MLC/26/07/5116 pertaining to Alziya and MLC No. FBD/MLC/26/07/5117 pertaining to Aaliya @ Alia. As per the medical examination conducted by Dr. Manjari Gupta, ASMO (Gynaecology), both the detenues were found to be conscious, well-oriented to time, place and person, and no fresh injuries were noticed on their persons. It has further been reported that both the detenues voluntarily declined to undergo detailed medical examination and recorded in their own handwriting that nothing wrong had happened to them and that they did not wish to undergo any further medical examination.

4. The status report further reveals that the detenues were produced before the Child Welfare Committee, Faridabad, on 23.07.2026 for counselling. The Child Welfare Committee directed that proper counselling of the minors be undertaken, that their statements be recorded, and that due weight be accorded to their wishes while deciding the issue of custody/guardianship in accordance with law. Thereafter, the detenues were also produced before the learned Duty Magistrate, where their statements under Section 183 of the Bharatiya Nagarik Suraksha Sanhita, 2023 were recorded. In their statements, both the minors categorically expressed their desire to reside with their brother, namely the petitioner. The status report further states that, in view of the wishes expressed by the minors, their custody was handed over to the petitioner, and the police recorded the relevant proceedings, including the statements of the petitioner and the minors, in Daily Diary Report No. 31 dated 27.07.2026. KUMUD VERMA

Chandigarh

5. In view of the facts and circumstances noticed hereinabove, particularly the recovery of the minor detenues and their custody having been handed over to the petitioner in accordance with their wishes, the grievance raised in the present petition stands redressed. Consequently, no further orders are called for and the present writ petition is disposed of accordingly. (VIRINDER AGGARWAL) JUDGE 28.07.2026 kv Whether speaking/reasoned : Yes/No Whether reportable : Yes/No KUMUD VERMA

Chandigarh