High Court of Punjab and HaryanaCRWP/1499/2021dismissed

Karamjit Singh v. State Of Punjab And Others

2021-02-16Mrs. Justice Manjari Nehru Kaul2 pages

CRWP-1499-2021 [ 1 ] 108-A

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP-1499-2021 Date of Decision : 16.02.2021 Karamjit Singh .............................Petitioner

VERSUS

State of Punjab and others........... Respondents CORAM : HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL ...

(Through video conferencing)

Present:

Mr. Kushagra Mahajan, Advocate for the petitioner.

...

MANJARI NEHRU KAUL, J. (Oral) The present petition under Article 226 of the Constitution of India is for issuance of a roving writ in the nature of Habeas Corpus for securing the release of Liza, wife of the petitioner, from the illegal detention of respondents No. 4 to 9.

In compliance of order dated 12.02.2021 the alleged detenueLiza has been presented through video conferencing by respondent No.2 i.e. Senior Superintendent of Police, Patiala. This court has interacted with her at length in the presence of the learned counsel. On a query put to the alleged detenue-Liza, she has stated in unambiguous and clear terms that she has willingly and of her own accord returned to the house of her parents. It has also been stated by her that the petitioner had forcibly solemnized marriage with her against her wishes on 19.01.2021. She further stated that RUPINDER KAUR 2021.02.17 13:55 I attest to the accuracy and integrity of this document

CRWP-1499-2021 [ 2 ] not only was the marriage solemnized under duress and against her wishes but even the affidavit which finds annexed in the connected case i.e. CRWP-979-2021 (petition filed seeking protection of life and liberty by Karamjit Singh and the alleged detenue) had been obtained from her after putting her to threat.

In the circumstances and in view of the statement made by the alleged detenue, this court is not inclined to issue a roving writ in the nature of Habeas Corpus.

The petition is dismissed.

( MANJARI NEHRU KAUL ) JUDGE 16.02.2021 rupi Whether speaking/reasoned Yes / No Whether Reportable:

Yes / No RUPINDER KAUR 2021.02.17 13:55 I attest to the accuracy and integrity of this document