Preeti v. State Of Haryana And Others
CRWP No.6361 of 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRWP No. 6361 of 2022 Date of Decision: 01.07.2022 Preeti
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Mr. Khalid Tauru, Advocate for the petitioner. Mr. Rajat Gautam, DAG, Haryana.
**** ANOOP CHITKARA, J.
The petitioner, who is mother of the detenue Yashika, has come up before this Court on the grounds that his daughter has been detained by respondent No. 4-Rahul. 2.
Notices served upon the official respondents No. 1 to 3 through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondent is required.
3.
Respondent No. 2 is directed to depute police officials including at least one female police official, who shall produce the detenue Yashika, aged 21 years, who is allegedly detained by respondent No. 4 and produce her before the nearest Judicial Magistrate preferably a female Judicial Magistrate. 4.
On such production, the concerned Judicial Magistrate shall interact with detenue Yashika. After such interaction, it is for the Judicial Magistrate's either to record her statement under Section 164 Cr.P.C. or simply to pass an order to the effect about her liberty. Needless to say that the detenue is an adult and she has a right to live at a place and with the person of her choice and none including the State has any right or business to interfere in her personal life.
5.
In case, the Judicial Magistrate finds that detenue Yashika has been opposed to living with her mother then she will send her where ever she wants to go and she will also provide security, in case, such Magistrate so desires and such security shall be for that time period which the concerned Judicial Magistrate might deem appropriate. JYOTI 2022.07.01 00:59 I attest to the accuracy and integrity of this document
CRWP No.6361 of 2022 There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.
Petition is disposed of with the aforesaid directions. Petitioner shall be at liberty to approach this Court again, in case, need arises. All pending applications, if any, stand disposed.
(ANOOP CHITKARA) JUDGE 01.07.2022 Jyoti-II Whether speaking/reasoned:
Yes Whether reportable:
No.
JYOTI 2022.07.01 00:59 I attest to the accuracy and integrity of this document