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High Court of Punjab and HaryanaCRWP/1950/2021dismissed

Gursewak Singh v. State Of Punjab And ORS

2021-03-17Mr. Justice Harnaresh Singh Gill2 pages

CRWP No. 1950 of 2021 -1In the High Court of Punjab and Haryana at Chandigarh Criminal Writ Petition No. 1950 of 2021 Date of Decision: 17.3.2021 Gursewak Singh ......Petitioner

Versus

State of Punjab and others ......Respondents CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. G.S.Sidhu, Advocate for the petitioner.

Mr. Venu Gopal Jauhar, Sr. DAG, Punjab.

Ms. Gagandeep Kaur, Advocate for respondents No. 5 and 6.

**** HARNARESH SINGH GILL , J.

(ORAL) Case is taken up for hearing through video conferencing. This petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the official respondents to get released the detenue, namely, Mandeep Kaur @ Babbu, from the illegal confinement of respondents No. 4 to 6 and further to appoint a Warrant Officer for the said purpose and for recording the statement of detenue before the Judicial Officer. Ms. Gagandeep Kaur, Advocate has put in appearance on behalf of respondent No. 5-Mukhtiar Kaur (grandmother of the detenue) and respondent No. 6-Harvinder Singh (paternal uncle of the detenue) and filed her power of attorney, through e-mail, which is taken on record. Vide order dated 24.2.2021, passed by this Court, the State was GURPREET SINGH 2021.03.18 17:10 I attest to the accuracy and integrity of this document Chadigarh directed to get record the statement of detenue-Mandeep Kaur @ Babbu

CRWP No. 1950 of 2021 -2before the concerned Magistrate/Illaqa Magistrate. Today, learned State counsel submits that since detenue Mandeep Kaur @ Babbu was not available, her statement could not be recorded and the order dated 24.2.2021 could not be complied with. Ms. Gagandeep Kaur, Advocate, who is representing respondents No. 5 and 6, has produced detenue-Mandeep Kaur @ Babbu through video conferencing and also identified her. Detenue-Mandeep Kaur @ Babbu has specifically stated that she has no connection with petitionerGursewak Singh son of Ranjit Singh and she is happily residing with her grandmother Mukhtiar Kaur-respondent No. 5. She further states that earlier also, she had no connection with petitioner-Gursewak Singh. At this stage, learned counsel for the petitioner submits that he does not want to press the petition.

Dismissed as not pressed.

(HARNARESH SINGH GILL) JUDGE March 17, 2021 Gurpreet Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No GURPREET SINGH 2021.03.18 17:10 I attest to the accuracy and integrity of this document Chadigarh