Rajwinder Singh v. State Of Punjab And ORS





IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-954-2024 Date of decision: 21.02.2024 RAJWINDER SINGH ....Petitioner

Versus

STATE OF PUNJAB AND ORS

...Respondents

CORAM:

HON'BLE MR. JUSTICE PANKAJ JAIN

Present:

Mr. Anantdeep Singh Sandhu, Advocate for the petitioner.

Mr. Harish Mehla, AAG, Punjab along with Respondent No.2 in person.

Mr. Tarun Jhatta, Advocate for respondents No.4 & 5. PANKAJ JAIN, J. (ORAL) The present petition narrates a shocking tale w.r.t. abuse of process of law. The petitioner sought writ in the nature of habeas corpus claiming that detenue is a major and wants to be in company of the petitioner but has been forcibly restrained by the private respondents. 2.

On 6th of February, 2024 the detenue appeared. She in clear terms submitted that she was living with her parents and wants to be in their company only. However, she is being continuously harassed at the hands of the petitioner. More so, when she is shortly getting married. The matter was thereafter adjourned to 8th of February, 2024 and the petitioner was directed to remain present in person. Petitioner appeared on 8th of February, 2024 but seemed to be incorrigible. He was again directed to appear in person on 13th of February, 2024. However in defiance of the orders, he opted not to be Deepak Kumar 2024.02.22 18:05 I attest to the accuracy and integrity of this document

CRWP-954-2024 -22024:PHHC:024555 present. Respondent No.2 was directed to make sure that the petitioner remains present on the next date of hearing i.e. on 15th of February, 2024. However, on 15th of February, 2024 the petitioner again opted not to be present in person and no satisfactory reply was received from the quarters of respondent No.2. Resultantly, respondent No.2 was directed to be present in person on 20th of February, 2024.

3.

Counsel for the detenue submitted that despite repeated complaints, Police Authorities have remained inert. The matter was adjourned to today.

4.

State Counsel submits that cognizance of the complaint(s) submitted by the detenue has been taken and the petitioner now stands booked.

5.

Keeping in view the aforesaid circumstances, the present petition is dismissed with costs of Rs.10,000/-. 6.

The costs shall be recovered from the petitioner and shall be deposited with the Punjab and Haryana High Court Bar Association Lawyer's Family Welfare Fund.

February 21, 2024 (Pankaj Jain) Dpr Judge Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No Deepak Kumar 2024.02.22 18:05 I attest to the accuracy and integrity of this document