High Court of Punjab and HaryanaCRWP/1251/2015disposed of

Akanksha & ANR v. State Of Haryana & ORS

2015-08-24Mr Justice Gurdev Singh2 pages

CRWP-1251-2015 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CRWP-1251-2015 Date of decision: 24.08.2015 Akanksha and another ..... Petitioners

Versus

State of Haryana and others ..... Respondents

CORAM:

HON'BLE MR. JUSTICE R.P. NAGRATH PRESENT: Mr. Devender Arya, Advocate for the petitioners. R.P. NAGRATH, J. (ORAL) The petitioners have invoked inherent jurisdiction of this Court under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus, to release the petitioners from the illegal detention of respondent No. 3-Superintendent of Police, Narnaul. Learned counsel for the petitioners submits that earlier the petitioners have approached this Court by filing CRM-M-26660-2015, seeking protection to the life and liberty as they have entered into matrimony against the wishes of their parents. The said petition was disposed of by this Court vide order dated 12.08.

2015 (Annexure P-7) directing the Superintendent of Police, Mahendergarh at Narnaul to look into the allegations contained in representation dated 09.08.2015 and if warranted, take appropriate steps in accordance with law. It is further submitted that in view of the aforesaid order, the Superintendent of RISHU KATARIA 2015.08.

CRWP-1251-2015 -2Police, Mahendergarh at Narnaul, sent the petitioners to protection home. It is also submitted that now the petitioners do not apprehend any threat to their lives and liberty and they have already filed a representation dated 19.08.2015 (Annexure P-2) before respondent No. 3Superintendent of Police, Narnaul. Notice of motion to Advocate General, Haryana. On the asking of Court, Ms. Dimple Jain, AAG, Haryana accepts notice on behalf of respondent.

Let a copy of paper-book be supplied to learned State counsel during the course of day.

In view of the nature of order that is proposed to be passed, no reply is required to be filed by respondents. Keeping in view the facts and circumstances of the case, it is directed that the petitioners cannot be detained any more in the protection against their will. The instant petition is disposed of with a direction to respondent No. 3 to produce the petitioners before learned Chief Judicial Magistrate, Narnaul within a period of two days from the date of receipt of this order and the learned Chief Judicial Magistrate, Narnaul shall record their statements and if the petitioners are not willing to stay in protection home any more, they be released forthwith. Registry is directed to send a copy of this order to learned District and Sessions Judge, Narnaul, for compliance by FAX. August 24, 2015 ( R.P. NAGRATH ) rishu JUDGE RISHU KATARIA 2015.08.25 11:58 I attest to the accuracy and authenticity of this document