Dalbir Singh v. State Of Punjab & ORS

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP-226-2018 Date of decision: 22.03.2018 Dalbir Singh .... Petitioner V/s State of Punjab and ors.

...Respondent(s)

CORAM:

HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. S.K. Choudhary, Advocate, for the petitioner. Mr. C.L. Pawar, Sr. DAG, Punjab.

Mr. PBS Goraya, Advocate,for respondents No.7 to 12. ***** Rajan Gupta, J. (Oral) This is a petition seeking a writ in the nature of habeas corpus to direct respondents No.1 to 5 to recover alleged detenue-Ramandeep Kaur from the illegal detention of respondent No.6. Reply by way of affidavit of Satnam Singh, Deputy Superintendent of Police, Sub Division, Trarn Taran, has been filed in court today. Same is taken on record. Learned State counsel has referred to Para 05 thereof, which reads as under:- "5. That it has been stated by the respectable persons of village Cheena Bidhi Chand that Ramandeep Kaur (alleged detenue) had love affairs with the accused Gurlal Singh. Ramandeep Kaur was living at her in-laws house at village Malhian falling the jurisdiction of Police Station Jandiala Guru, Amritsar-Rural.

After release of Gurlal Singh on bail, Ramandeep Kaur from her in-laws house has gone with Gurlal Singh on her own wish and now they are living at some undisclosed place and their present whereabouts are not known. But family members of Gurlal Singh i.e. respondent Nos. 7 to 12 have Sukhpreet Kaur 2018.03.

CRWP-226-2018 ::2::

not played any role in going of Ramandeep Kaur with Gurlal Singh. They both are major and have gone with each other on their own wish. Ramandeep Kaur has not been kidnapped by anyone. It is also worthwhile to mention here that the present petitioner has not leveled any allegations in his statement against respondent No.7 to 12. Copies of statement of Dalbir Singh (petitioner), joint statement of respectable persons of village Cheena Bidhi Chand, report of SHO PS Jhabal, Tarn Taran, affidavit of Ramandeep Kaur and order dated 27.05.2015 are annexed herewith as Annexure R-1/T to R-5/T for kind perusal of this Hon'ble Court. It is also pertinent to mention here that no incident of attacking the petitioner by respondent No.6, 7 and 10 has occurred in January 2018 and no application has been given in this regard by the petitioner to the local police at Police Station Jhabal, Tarn Taran.

In view of the above, learned counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to seek alternative remedy, if any.

Dismissed as withdrawn with aforesaid liberty. (RAJAN GUPTA) March 22, 2018 JUDGE sukhpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No Sukhpreet Kaur 2018.03.23 04:45 I attest to the accuracy and integrity of this document