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High Court of Punjab and HaryanaCRWP/1156/2021dismissed

Anil Kumar v. State Of Punjab And Others

2021-02-12Mr. Justice Jasgurpreet Singh Puri3 pages

Through Video Conference

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH.

CRWP-1156-2021 (O&M).

Decided on: February 12, 2021.

Anil Kumar .. Petitioners

VERSUS

State of Punjab and others .. Respondents * * *

CORAM:

HON'BLE MR. JUSTICE JASGURPREET SINGH PURI * * * PRESENT Ms.Rishma Verma, Advocate, for the petitioner.

Mr.Luvinder Sofat, AAG, Punjab.

JASGURPREET SINGH PURI , J. (ORAL ) The present petition has been filed under Articles 226 of the Constitution of India, for issuance of a writ in the nature of habeas corpus for directing the respondent Nos.1 to 3, to secure the release of the alleged detenue who is stated to be daughter of the petitioner from the illegal custody of respondent Nos.4 to 8.

On 4.2.2021, this Court had issued notice of motion and

the Commissioner of Police, Jalandhar - respondent No.2, was directed to depute a senior police official to look into the matter and visit the place of residence of respondent Nos.4 to 8 and ensure the safety of the aforesaid detenue namely Muskan Shanker and take further necessary steps in accordance with law and thereafter file status report. Today, status report has been filed by way of affidavit of Assistant Commissioner of Police V Cantonment Jalandhar, on behalf of respondent No.1 by way of e-mail. A print out of the same is permitted to be taken on record.

As per status report, it has been submitted that in compliance of directions passed by this Court, Mr.Ashwani Kumar, PPS, ADCP, City-2, along with the deponent visited the house of the petitioner to redress his grievance and thereafter, FIR No.8 dated 8.2.2021, under Sections 363 and 366 IPC, was registered at Police Station, Cantt. Jalandhar, against Rohit Kumar for kidnapping daughter of petitioner. It is further stated in the affidavit that thereafter daughter of the petitioner was recovered on 8.2.2021 and her statement under Section 164 Cr.P.C. was recorded in the Court of learned JMIC, Jalandhar and offence under Section 376 IPC, was also added in the present FIR. It is further stated in the affidavit that daughter of the petitioner has been recovered and FIR has been registered against respondent No.4. Furthermore, the alleged detenue has stated that she was abducted by respondent No.4 and she was taken to Delhi by him and thereafter she was taken to Dehradun and she has got recorded her statement under Section 164 Cr.P.C. before the learned lower

Court.

Learned counsel for the petitioner has submitted that after going through the affidavit which has been filed by the State, she does not want to press the present petition and therefore, she has prayed for withdrawal of the same.

Consequently, the present petition is dismissed as withdrawn.

February 12, 2021.

(JASGURPREET SINGH PURI) raj arora JUDGE Whether speaking / reasoned Yes / No Whether reportable Yes / No