Sanjay v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.445 of 2019 (O&M) Date of Decision: May 29, 2019 Sanjay

...Petitioner

VERSUS

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.K.P.S.Virk, Advocate for the petitioner.

Mr.Chetan Sharma, AAG, Haryana for the respondent-State.

Mr.Raghav Sharma, Advocate for respondents No.4 and 5.

**** INDERJIT SINGH, J.

The petitioner has filed this criminal writ petition against State of Haryana and other respondents under Article 226/227 of the Constitution of India in the nature of Habeas Corpus for directing respondents No.1 to 3 to produce detenue Suman Devi, who is in illegal custody of respondents No.4 and 5.

Notice of motion was issued. Learned State counsel as well learned counsel for respondents No.4 and 5 appeared and contested the petition.

I have heard learned counsel for the parties as well as learned VINEET GULATI 2019.05.31 15:55 I attest to the accuracy and authenticity of this document Chandigarh State counsel and have gone through the record.

CRWP No.445 of 2019 -2Detenue Suman Devi is present in the Court, who stated that she is residing with her mother as well as her husband, as per her own wish. She further stated that nobody has confined her and she wants to reside with above-said persons.

In view of the above statement of detenue, I find that there is no base for filing this petition by the petitioner. Therefore, present petition, being frivolous, stands dismissed with costs of `25,000/-. The petitioner has already deposited `10,000/- with the Registrar General of this Court, which is directed to be paid to detenue Suman Devi. The petitioner is further directed to deposit remaining amount of `15,000/- with learned CJM, Kurukshetra, within 11⁄2 months from today, which will also be paid to the detenue. It is also made clear that if the costs is not deposited within specified time, then learned CJM shall get it recovered as arrears of land revenue for payment to the detenue.

May 29, 2019 (INDERJIT SINGH) Vgulati JUDGE Whether speaking/reasoned Yes Whether reportable No VINEET GULATI 2019.05.31 15:55 I attest to the accuracy and authenticity of this document Chandigarh