Abhishek v. State Of Punjab And Others
2023:PHHC:082847 CRWP-6483-2023
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH CRWP-6483-2023 Date of Decision:-03.07.2023 Abhishek ......Petitioner
Versus
State of Punjab and others ......Respondents
CORAM:
HON'BLE MR. JUSTICE ALOK JAIN ****
Present:
Mr. G.S. Bhinder, Advocate for Mr. S.K. Chaudhary, Advocate for the petitioner. **** ALOK JAIN, J. (Oral) 1.
The present petition has been filed under Article 226 of the Constitution of India seeking issuance of a writ in the nature of Habeas Corpus for recovery of detenue namely SiyaPabra, who is stated to be the wife of the petitioner.
2.
Learned counsel for the petitioner submits that the detenue is in illegal custody of respondents No.5 to 9 and hence, appropriate directions be issued.
3.
Notice of motion.
4.
On asking of Mr. I.P.S. Sabherwal, DAG, Punjab, who is present in the Court, accepts notice on behalf of respondents No.1 to 4State, vehemently opposed the present petition and has submitted that the ingredients of invoking the petition under habeas corpus are not made out PARUL 2023.07.03 16:16 I attest to the accuracy and authenticity of this document
2023:PHHC:082847 CRWP-6483-2023 as the alleged detenue is neither in any illegal custody, as she is residing with her parents nor it is a case that the petitioner being husband is not aware of her residence and whereabouts as per the petition itself. 4.
After hearing learned counsel for the parties, the present petition stands disposed of with a direction to the SHO Police Station, Sadar, District Pathankot, Punjab-respondent No.3 to call some responsible person from respondents No. 5 to 9 along with the detenue and check her whereabouts and ensure the will of the detenue as to where she wants to reside.
6.
With the abovesaid directions, the present petition stands disposed of.
(ALOK JAIN) JUDGE July 03, 2023.
Parul Whether speaking/reasoned:- Yes/No Whether Reportable:- Yes/No PARUL 2023.07.03 16:16 I attest to the accuracy and authenticity of this document