Ashish Kumar v. State Of Haryana

CRWP No. 8267 of 2021 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP No. 8267 of 2021 Date of Decision: 02.09.2021 Ashish Kumar -Petitioner

Versus

State of Haryana and others -Respondents CORAM: HON'BLE MR. JUSTICE RAJ MOHAN SINGH

Present:

Mr. Manoj Tanwar, Advocate, for the petitioner.

Mr. Anant Kataria, D.A.G., Haryana.

**** RAJ MOHAN SINGH, J. (Oral) The case has been taken up for hearing through video-conferencing.

Petitioner has filed the present petition under Article 226/227 of the Constitution of India for issuance of roving writ in the nature of Habeas Corpus for releasing the detenue namely Jyoti- wife of the petitioner from custody of respondents No.5 to 9.

Notice of motion was issued on 31.08.2021. Learned State counsel sought time to file reply.

Today, the alleged detenue namely Jyoti has been produced through video conferencing by respondent No.3JYOTI YADAV 2021.09.02 16:54 I attest to the accuracy and integrity of this document

CRWP No. 8267 of 2021 -2Superintendent of Police, Kurukshetra.

The Court has interacted with Smt. Jyoti to some extent.

In reply to pointed questions, she replied that she is living with her parents happily and for the time being, she does not wish to join the company of the petitioner. Learned State counsel submits that statement of alleged detenue has already been recorded by the police wherein she has shown her willingness to stay with her parents for the time being. Custody of alleged detenue cannot be presumed to be unauthorized with respondents No.5 to 9. In view of aforesaid facts and circumstances of the case, no further order is required to be passed in the present case.

Disposed of.

September 02, 2021 (RAJ MOHAN SINGH) Jyoti Sharma JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No JYOTI YADAV 2021.09.02 16:54 I attest to the accuracy and integrity of this document