Thana Singh v. State

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH.

Crl. Writ Petition No. 538 of 2019 (O&M) Date of Decision: July 03, 2019 Thana Singh ..........PETITIONER

VERSUS

State of Punjab ........RESPONDENT CORAM:- HON'BLE MR. JUSTICE SURINDER GUPTA

Present:

None for the petitioner.

Mr. Arpinder Singh Sidhu, D.A.G., Punjab.

******* SURINDER GUPTA, J.(Oral) Reply by way of affidavit of Gurjit Singh, Deputy Superintendent of Police, Sub Division Guruharsahai, District Ferozepur filed by learned State counsel today in the Court is taken on record. The petitioner has filed application before Hon'ble the Chief Justice of this Court levelling allegations against Gurpreet Singh and others for kidnapping his wife and children.

In reply, filed by Gurjit Singh, Deputy Superintendent of Police, Sub Division Guruharsahai, District Ferozepur, it has been stated that Ramandeep Kaur along with her children has left the house of her husband and went to live with Gurpreet Singh. Presently, they are living at Guwahati. The relevant extract in para No. 2 of the reply is as follows: "That keeping in view the sensitivity of the case, the enquiry on the application No.88-SPL-PC (GHS), dated 10.06.2019 and application No.155-L-GSD, dated 04.06.2019 moved by

petitioner Thana Singh has been got conducted through ASI Mohinder Singh, Police Station Guruharsahai, who conducted enquiry into the allegations levelled by petitioner Thana Singh in a fair and transparent manner; joined the petitioner in the enquiry and also recorded the statements of petitioner and Makhan Singh son of Jangir Singh, resident of Village Jhari Wala father of Gurpreet Singh. During enquiry, it has been found that Gurpreet Singh son of Makhan Singh who is residing in the nearby village Jhari wala was having relations with the wife of petitioner namely Ramandeep Kaur. On 31.05.2019, Ramandeep Kaur alongwith her two children on her own sweet will had gone somewhere with Gurpreet Singh. ASI Mohinder Singh talked with Gurpreet Singh and Ramandeep Kaur on their Mobile No.

72781-00079 in connection with the enquiry of the application to join them in the enquiry, who disclosed that they are living in Guwahati (Assam) on their own wish and consent. Ramandeep Kaur stated that her husband Thana Singh (petitioner) used to raise quarrel and beating with her. She had no relative in Punjab and she has come with Gurpreet Singh after being maltreated by her husband. She is now 37 years of age and the age of her husband Thana Singh is 50 years. Ramandeep Kaur further told that she do not want to live with her husband. Besides this, allegations levelled in the application regarding money are false. Ramandeep Kaur stated that she alongwith her husband had sold the house for an amount of Rs.

husband has cleared his financial dues out of the amount of Rs.25,000/-. She had taken some amount with her for her children, out of which, some has been spent on fare charges and some amount has been spent on the expenses of children. Ramandeep Kaur further told that the fact of Rs.5,00,000/- is absolutely wrong. During enquiry, it has been found that wife of applicant namely Ramandeep Kaur is major and she knows her good and bad and she has gone with Gurpreet Singh on her own sweet will. Thus, the above named enquiry officer vide his detailed enquiry report dated 21.06.2019 found that no action is liable to be taken on the application by the local police and recommended to file the application. The true copy of the enquiry report is annexed herewith as Annexure R-1/T."

The petitioner was also joined in the enquiry. In view of above, I find no reason to proceed further with the matter. Disposed of.

( SURINDER GUPTA ) July 03, 2019 JUDGE Jyoti-II Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No