Pala Ram v. State Of Punjab And Others
CRWP No.7740 of 2022
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH CRWP No. 7740 of 2022 Date of Decision: 10.08.2022 Pala Ram
...Petitioner
Versus
State of Punjab and others
...Respondents
CORAM:
HON'BLE MR. JUSTICE ANOOP CHITKARA
Present:
Dr. Deepak Jindal, Advocate for the petitioner. Mr. Dhruv Dayal, Sr. DAG, Punjab.
**** ANOOP CHITKARA, J.
The petitioner, who is father of the detenue Priyanka, has come up before this Court on the grounds that his daughter has been detained by respondent No. 5- Gurjinder Singh.
2.
Notices served upon the official respondents No. 1 to 4 through the State's counsel. Given the nature of the order that this Court proposes to pass, neither the response of official respondents nor the issuance of notices to the private respondents is required.
3.
Respondent No. 2 is directed to depute police officials including at least one female police official, who shall produce the detenue Priyanka, aged 19 years, who is allegedly detained by respondent No. 5 and produce her before the nearest Judicial Magistrate preferably a female Judicial Magistrate. 4.
On such production, the concerned Judicial Magistrate shall interact with detenue Priyanka. After such interaction, it is for the Judicial Magistrate's either to record her statement under Section 164 Cr.P.C. or simply to pass an order to the effect about her liberty. Needless to say that the detenue is an adult and she has a right to live at a place and with the person of her choice and none including the State has any right or business to interfere in her personal life. 5.
In case, the Judicial Magistrate finds that detenue Priyanka has been opposed to living with her father then she will send her where ever she wants to go and she will also provide security, in case, such Magistrate so desires and such security shall be for that time period which the concerned Judicial Magistrate might deem appropriate. JYOTI 2022.08.10 20:01 I attest to the accuracy and integrity of this document
CRWP No.7740 of 2022 There would be no need for a certified copy of this order, and any Advocate for the Petitioner and State can download this order and other relevant particulars from the official web page of this court and attest it to be a true copy. The concerned officer can also verify its authenticity and may download and use the downloaded copy for immediate use.
Petition is disposed of with the aforesaid directions. Petitioner shall be at liberty to approach this Court again, in case, need arises. All pending applications, if any, stand disposed.
(ANOOP CHITKARA) JUDGE 10.08.2022 Jyoti-II Whether speaking/reasoned:
Yes Whether reportable:
No.
JYOTI 2022.08.10 20:01 I attest to the accuracy and integrity of this document