Dara v. State Of Punjab And Others
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRWP-5474-2024 Decided on : 16.07.2024 DARA . . . Petitioner(s)
Versus
STATE OF PUNJAB AND OTHERS . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Ms. Jasneet Mehta, Advocate for Mr. Vaneet Kumar, Advocate for the petitioner.
Mr. Vinay Kumar, DAG, Punjab.
**** KIRTI SINGH, J. (Oral) By way of instant petition filed under Article 226 of the Constitution of India, petitioner has approached this Court for issuance of a writ in the nature of habeas corpus, for release of his detenue daughters namely Muskan aged about 14 years and Priyanka aged about 15 years, who have been abducted by the private respondents. 2.
Today, short reply dated 01.07.2024, by way of affidavit of Amar Nath, PPS, Deputy Superintendent of Police, Sub-Division City, District Hoshiarpur, on behalf of the respondent No.1-State, has been filed by learned State counsel, in Court today, which is taken on record. A copy thereof has been handed over to the counsel for the petitioner. 3.
Learned State counsel refers to Paragraph No.3 and 4 of the short reply, which says as under :
"3.
That it is submitted that during the investigation of the Special Investigation Team, minor girl Muskan was recovered and KAVITA NAIN 2024.07.17 12:07 I attest to the accuracy and integrity of this document order/judgment
CRWP-5474-2024 - 2 - she was produced before the court of Sh. Jaswinder Pal Ld. JMIC, Hoshiarpur on 08.06.2024 and she got recorded her statement U/s 164 Cr.P.C. before the court of Sh. Jaswinder Pal Ld. JMIC, Hoshiarpur on 08.06.2024 that she had fight with her family members. She went to Rajasthan alongwith her friend Shivan Lal on 02.04.2024 from her house being angry, they stayed in the house of grand maternal parents of Shivan. She went out with her own sweet will. Now she has returned to her house. She wants to go with her parents. She does not want to say anything more. The true translation of statement of Muskan is annexed as Annexure R-1/T. 4.
That it is submitted that during the investigation of Special Investigation Team, minor girl Priyanka was recovered and she was produced before the court of Sh. Jaswinder Pal Ld. JMIC, Hoshiarpur on 08.06.2024 and she got recorded her statement U/s 164 Cr.P.C. before the court of Sh. Jaswinder Pal Ld. JMIC, Hoshiarpur on 08.06.2024 that 10/15 days ago, police came to arrest her brother Johny. Some case was registered against her brother. When police came to their house, she went to Ambala to her maternal aunt out of fear. Now, she has returned to her house. She came today alongwith her parents and wants to go home with them. She does not want to say anything more. The true translation of statement of Priyanka is annexed as Annexure R-2/T." 4.
Be that as it may, this Court has gone through the reply filed by the State and has noticed that due attention and care has been given to the grouse of the petitioner.
5.
Thus, in view of the observations made hereinabove, present petition stands disposed of as infructuous.
(KIRTI SINGH) JUDGE July,16 2024 Kavita Nain Whether speaking/reasoned:
Yes/No Whether Reportable:
Yes/No KAVITA NAIN 2024.07.17 12:07 I attest to the accuracy and integrity of this document order/judgment