Bablu Singh v. State Of Punjab And Others

PANKAJ KUMAR 2020.07.14 15:51 I attest to the accuracy and integrity of this document CRWP No.3941 of 2020 -1IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No.3941 of 2020 Date of Decision.08.07.2020 Bablu Singh

...Petitioner

Vs State of Punjab and others

...Respondent

CORAM:HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:

Mr. Sunil Kumar Dhanda, Advocate for the petitioner.

Ms. Bhavna Gupta, AAG, Punjab.

-.- JAISHREE THAKUR J. (ORAL) This is a petition that has been filed under Article 226 of the Cosntitution of India for issuance of a writ in the nature of Habeas Corpus directing respondents No.2 & 3 to release the detenue namely Kammo Kaur @ Manju i.e. daughter of the petitioner herein from illegal and wrongful custody of respondents No.4 to 7.

Notice of the said petition was issued to the State of Punjab and a Warrant Officer was appointed to visit the premises of respondents No.4 and 7 and to release the detenue in case she is found to be illegally detained by them.

Pursuant to the said notice, a status report has been filed by the Warrant Officer wherein it has been stated that he visited the premises of respondent No.5 where the alleged detenue namely Kammo Kaur @ Manju was found present. He recorded her statement wherein she disclosed that she has apprehension of her life and liberty at the hands of her father i.e. the petitioner herein and therefore, she does not want to return to her parental home. She further stated that she is living with respondents No.4 & 5 with

CRWP No.3941 of 2020 -2her own free will, who are none other but her real sister and brother-in-law. I have heard learned counsel for the State and have also perused the status report as filed. In view of the fact that the alleged detenue is residing with her sister and brother-in-law i.e. respondents No.4 and 5 in the instant petition with her own volition, she cannot be said to be confined in illegal and wrongful custody and therefore, no further orders are called for in the instant petition.

Disposed of accordingly.

(JAISHREE THAKUR) JUDGE July 08, 2020 Pankaj* Whether speaking/reasoned Yes/No Whether reportable Yes/No