Satnam Singh v. State Of Punjab And ORS

-1CRWP-825 of 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-825 of 2018 Date of decision: 31.10.2018 Satnam Singh .........Petitioner versus State of Punjab and others .........Respondents CORAM: HON'BLE MR. JUSTICE RAMENDRA JAIN Present:- Mr. Sandeep Arora, Advocate, for the petitioner. Mr. Davinder Bir Singh, DAG, Punjab.

Mr. G.S. Brar, Advocate, for respondents No.3 to 5. RAMENDRA JAIN, J. (ORAL) Memorandum of appearance on behalf of respondents No.3 to 5, filed in Court today, is taken on record.

Through this petition under Articles 226/227 of the Constitution of India prayer has been made for issuance of a writ in the nature of habeas corpus for releasing detenue i.e. minor son of the petitioner, namely, Karamvir Singh from the alleged illegal custody of respondents No.3 to 5. Learned State counsel submits that alleged detenu, namely, Karamvir Singh, minor son of the petitioner along with his maternal grandfather approached the police post Kala Singhia and complained that his father, who is petitioner, used to mercilessly beat him. Statement of minor Karamvir and his maternal grandfather was recorded and on their request, minor Karamvir Singh was sent to Guru Nanak Mission Netarheen Birdh Ashram, Phagwara, for his welfare and protection from the petitioner. Statement of minor Karamvir and his maternal grandfather is produced in RAVINDER SINGH 2018.11.03 13:13 I attest to the accuracy and authenticity of this document

-2CRWP-825 of 2018 Court, which is taken on record.

Learned counsel for the petitioner contends that respondents No.3 to 5 are no more related to the petitioner in view of divorce of their sister with the petitioner.

Learned counsel for respondents No.3 to 5, strongly refuting the above submissions of learned counsel for the petitioner, contends that respondents No.3 to 5 are real maternal uncles of minor Karamvir Singh and are very much interested in his welfare and proper upkeep. Petitioner has solemnised second marriage. Therefore, has now no love and affection towards minor Karamvir Singh, he being child from his divorced wife. Since minor Karamvir Singh is not in illegal custody of respondents No.3 to 5 and considering the submissions of learned counsel for respondents No.3 to 5 that petitioner has no love and affection towards minor Karamvir Singh after solemnising second marriage, instant petition, being meritless, is dismissed.

(Ramendra Jain) October 31, 2018 Judge R.S.

Whether speaking/reasoned Yes/No Whether reportable Yes/No RAVINDER SINGH 2018.11.03 13:13 I attest to the accuracy and authenticity of this document