High Court of Punjab and HaryanaCRWP/5906/2020disposed of

Krishan Kumar v. State Of Punjab And Others

2020-08-13Mrs. Justice Alka Sarin2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRWP No.5906 of 2020 (O&M) DATE OF DECISION: 13.08.2020 Krishan Kumar .....Petitioner versus State of Punjab and others .....Respondents CORAM:- HON'BLE MRS. JUSTICE ALKA SARIN

Present:

Mr. Nandan Jindal, Advocate for the petitioner ..

ALKA SARIN, J.: (Oral) Heard through video conferencing.

The present petition has been filed under Article 226 of the Constitution of India for issuance of a writ in the nature of habeas corpus. It has been contended by the counsel for the petitioner that Amandeep Kaur, daughter of the petitioner, has been enticed away by respondent No.4 with the help of his family members. The petitioner had also made a complaint to the Police to recover the alleged detenue from the illegal custody of respondent No.4 but to no avail. In para-5 of the petition, it has been stated that the daughter of the petitioner and respondent No.4 had approached this Court by way of filing CRWP No.5671 of 2020 seeking protection of their life and liberty. Vide order dated 07.08.2020, this Court directed that the representation dated 19.07.2020 be decided.

Notice of motion.

PARKASH CHAND 2020.08.14 17:06 I attest to the accuracy and integrity of this document Chandigarh

CRWP No.5906 of 2020 - 2 - On the asking of the Court, Ms. Samina Dhir, DAG, Punjab has joined the session through video conferencing and accepts notice. Keeping in view the facts and circumstances noted above and the peculiar circumstances created by the outbreak of the pandemic COVID19, it is directed that statement of the alleged detenue, namely, Amandeep Kaur, be recorded by respondent No.3 i.e. SHO, Police Station Sadar, Dhuri, District Sangrur along with a woman Constable. In case the alleged detenue expresses her desire to accompany the petitioner, she shall be at liberty to do so and it shall be ensured that respondent No.4 does not create any hurdle or obstruction therein. However, in case the alleged detenue expresses her wish to reside with respondent No.4, she may do so. Disposed off accordingly.

(ALKA SARIN) JUDGE 13.08.2020 parkash NOTE:

Whether speaking/non-speaking: Speaking Whether reportable: YES/NO PARKASH CHAND 2020.08.14 17:06 I attest to the accuracy and integrity of this document Chandigarh