Gurnam v. State Of Haryana And ORS.

CRM M-2803 of 2016

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM M-2803 of 2016 Date of decision : 27.01.2016 Gurnam ....Petitioner V/s State of Haryana & ors.

....Respondents BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Vikas Cuccria, Advocate for the petitioner. RAJAN GUPTA J.

This is a petition under section 482 Cr.P.C. seeking a direction to respondent no. 2 to arrest respondent no. 4 for abducting petitioner's daughter who is a minor. According to learned counsel, this court granted protection to the couple vide order dated January 15, 2016. Thereafter, police has not arrested the accused namely Jasvir Singh.

I have heard learned counsel for the petitioner. Operative part of the order passed on January 15, 2016 in CRM M-1651 of 2016 reads as under:- "After hearing counsel for the parties, instant petition is disposed of with a direction to respondent no. 2 to look into the representation, Annexure P/4 preferred by petitioners and take appropriate steps, if circumstances so warrant.

However, this court does not express any opinion with regard to validity or otherwise of the marriage." It is evident that this court merely disposed of the petition with a direction that respondent no. 2 would look into the AJAY KUMAR 2016.01.28 16:28 I attest to the accuracy and authenticity of this document

CRM M-2803 of 2016 grievance of the petitioners. This court did not express any opinion regarding validity or otherwise of the marriage. Admittedly, a FIR has already been registered on the complaint of father of the prosecutrix and investigation is in progress. This court would normally not give any direction for arresting the accused (see M.C. Abraham and another v. State of Maharashtra and others, 2003 (1) RCR (Crl.) 452.) Petition is without any merit. Dismissed. January 27, 2016 (RAJAN GUPTA) Ajay JUDGE AJAY KUMAR 2016.01.28 16:28 I attest to the accuracy and authenticity of this document