Jamila v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 05.07.2023 Jamila ...PeƟƟoner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Amit Siwach, Advocate for Mr. Sagar Panghal, Advocate the peƟƟoner.

Mr. Manish Bansal, Sr. D.A.G, Haryana.

**** ANOOP CHITKARA, J.

Seeking release of her husband, the peƟƟoner, aged 41 years has come up before this Court by filing the present peƟƟon for habeas corpus. 2.

The peƟƟoner's husband was stated to be a truck driver and according to the peƟƟoner, her husband had gone to deliver some goods to Kolkata on 11.04.2022. He had gone with three persons, namely Saalim, Azad and Mubarik i.e. respondents No. 3, 4 and 6. AŌer that, on 20.04.2022, she received a phone call from her husband that he has threat to his life from the aforesaid persons. Subsequently, on 22.04.2022, the peƟƟoner came to know that the vehicle of the peƟƟoner's husband was traced in the Kaliachak, Police StaƟon Malda, District West Bengal. The peƟƟoner's son reached at the police staƟon and got to know that the vehicle was found at a deserted place without its driver or owner. Subsequently, he lodged a complaint in Kaliachak police StaƟon, West Bengal about everything but no acƟon was taken.

3.

The concerned Deputy Superintendent of Police has filed the status report and it would be appropriate to extract the contents menƟoned in paragraphs No. 4 to 8, which reads as follows:

"4.

That during the course of enquiry, it came forth that Iqbal (husband of the peƟƟoner) used to drive a Tata LPT 3118 vehicle bearing registraƟon no. HR-73-7724 (which is in the name of his son Wajib). On 11.04.2022, the said vehicle had gone from Chaupanki (Bhiwadi, Rajasthan) to Kolkata, with Kamdhenu paint. Iqbal was driving the said truck. The said truck reached Kolkata on 16.04.2022 and the goods were unloaded. Iqbal had called his son

Wajib on his mobile no. 9813865321 from his (Iqbal's) mobile no. 9991861895. ThereaŌer, Iqbal had stayed in Kolkata Ɵll 20.04.2022 while waiƟng for goods to be loaded. ThereaŌer he had filled his truck with iron saria at Durgapur (around 200 kms away from Kolkata) and leŌ for Assam. He had talked to his son Wajib at around 12 AM with regard to Fastag. 5.

That on 21.04.2022, when the GPS locaƟon of the above menƟoned truck was checked, the locaƟon was found to be of DisƩ. Mursidabad (West Bengal). The said truck was found at Kaliyachak, DisƩ. Malda (West Bengal). However, Iqbal could not be found. The persons namely Wajib, Azad etc. and the person whom Iqbal had called lastly were enquired about Iqbal, however, his locaƟon could not be found.

6. That thereaŌer, a case FIR No. 565 dated 27.05.2022 u/s 363 IPC was got registered by Wajib (son of missing person Iqbal) at P.S. Kaliyachak, DisƩ. Malda (West Bengal).

7.

That the respondent no. 3 to 6 i.e. Salim, Azad, Ansar and Mubarik were also joined in the enquiry and their statements were recorded. The respondent no. 3 Salim stated that the vehicle used to ply from Bhiwadi to Jharkhand, Patna, Bihar and Kolkata and he was working as conductor and his brother Ansar used to drive the vehicle, from April, Tarif used to drive the vehicle. Now, they have sold the vehicle and Salim remains at home. Iqbal is his uncle (mausa) in relaƟon. He used to converse with Iqbal from his mobile number 7047534779 He was in remand home at Faridabad in NDPS Act case in the month of March and April. When he came outside the jail, he came to know 2- 3 days later that Iqbal has gone missing. Iqbal was dealing with ganja etc. for the last many years and he was known to the persons in Bihar, Vadodara etc. who used to deal with ganja etc. He does not know anything else about Iqbal.

8. That the respondent no. 4 Azad re-iterated the above menƟoned averments made by the respondent no. 3 Salim in his statement. The respondent no. 6 stated that he does not know Iqbal and that he has never met him. The statement of respondent no. 3 Salim is annexed as Annexure R1 and statement of respondent no. 4 Aazad is annexed as Annexure R-2 and statement of respondent no. 5 Ansar is annexed as Annexure R-3 & statement of respondent no. 6 Mubarik is annexed as Annexure R-4 and statement of Wazid is annexed as Annexure R-5."

4.

As per paragraph 4 of the status report, it is menƟoned that on 16.04.2022, the truck had reached Kolkata. As per the peƟƟoner, her husband had spoken with her on 20.04.2022. Thus, at that point of Ɵme, the peƟƟoner's husband was out side the territorial

jurisdicƟon of this Court and was in West Bengal. 5.

As per paragraph 6 of the status report, an FIR No. 565 dated 27.05.2022, under SecƟon 363 IPC was registered at the instance of Wajib son of Iqbal at Police StaƟon Kaliyachak, District Malda (West Bengal).

6.

Now aŌer a gap of 01 year and 02 months, the peƟƟoner has come up before this Court seeking release of her husband from the aforesaid persons. Since the alleged detenue had last talked to the peƟƟoner from West Bengal and a missing report was already registered there, therefore, the present peƟƟon in the nature of habeas corpus is not maintainable in this Court and the present peƟƟon is dismissed with liberty to take all other remedies in accordance with law. All pending miscellaneous applicaƟons, if any, stand disposed of.

(ANOOP CHITKARA) JUDGE 05.07.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.