Randhir v. State Of Haryana And Others

CRWP-5337-2024 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH **** CRWP-5337-2024 Date of Decision: 06.06.2024 Randhir ..... Petitioner

Versus

State of Haryana and others ..... Respondents CORAM: HON'BLE MR. JUSTICE HARSH BUNGER

Present:

Mr. B.S. Beniwal, Advocate for the petitioner.

Mr. Praveen Bhadu, AAG, Haryana.

***** HARSH BUNGER J. (ORAL) 1.

Petitioner (Randhir) has filed the present petition under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Habeas Corpus and appointment of a warrant officer to search the detenue, namely Malika (wife of petitioner), from the illegal custody of respondent No.5.

2.

Vide order dated 01.06.2024 passed by a co-ordinate Bench of this Court, a Warrant Officer was appointed, who has submitted his report in sealed cover, which is opened in Court today. The same be kept on the file. As per the report of Warrant Officer, the search of alleged detenue (Malika) was carried out at Fatehabad at the given address, where she along with Krishan (respondent No.5) were found. It is further stated APURVA 2024.06.07 16:46 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh

CRWP-5337-2024 -2that the detenue (Malika) got recorded her statement that she is living with respondent No.5 at her own will, without any pressure and she does not want to go with petitioner.

3.

Reply by way of affidavit dated 05.06.2024 of Mr. Kulwant Singh, H.P.S., Deputy Superintendent of Police, Fatehabad is filed by learned State counsel in Court today, which is taken on record, subject to all just exceptions. A copy thereof is also handed over to learned counsel for the petitioner, in Court today itself.

It is stated in the reply that detenue (Malika) is not under any kind of detention rather she is wilfully and voluntarily living with Krishan (respondent No.5) since 30.04.2024.

4.

Learned counsel for the petitioner, upon perusal of the aforesaid reply dated 05.06.2024, submits that he does not intend to press the present petition any further.

5.

Keeping in view the aforesaid submissions made by learned counsel for the petitioner, the present petition is dismissed as not pressed. 6.

All pending application(s), if any, shall also stand closed. 06.06.2024 (HARSH BUNGER) Apurva JUDGE

1. Whether speaking/reasoned :

Yes/No

2. Whether reportable :

Yes/No APURVA 2024.06.07 16:46 I attest to the accuracy and authenticity of this order/judgment High Court, Sector-1, Chandigarh