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High Court of Punjab and HaryanaCRWP/7294/2024disposed of

Kikar Singh v. State Of Punjab And ORS

2024-08-23Mrs. Justice Manjari Nehru Kaul2 pages

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-7294-2024 Date of decision: August 23rd, 2024 Kikar Singh .....Petitioner

Versus

State of Punjab and others .....Respondents

CORAM:

HON'BLE MRS. JUSTICE MANJARI NEHRU KAUL

Present:

Mr. Ashok Kumar Sama and Aarish Kamboj, Advocates for the petitioner.

Mr. Shiva Khurmi, Assistant Advocate General, Punjab. MANJARI NEHRU KAUL, J. (ORAL) The petitioner has approached this Court under Article 226 of the Constitution of India, seeking a writ in the nature of Habeas Corpus, directing respondents No.2 and 3 to release his minor daughter namely Sarabjit Kaur forthwith from the illegal custody of respondents No.4 to 7.

2.

As per report received from the learned CJM, Fazilka, the detenue was not produced by respondent No.2-S.S.P., Fazilka, for getting her statement recorded.

3.

Learned State counsel has filed reply by way of affidavit of Deputy Superintendent of Police, Sub Division, Fazilka, which is taken on record. At the outset, learned State counsel has drawn the attention of this Court to paragraph 7 of the reply. It has been submitted by the learned State counsel that the police has been carrying out continuous raids at the residence of respondent No.4, however, the alleged detenue has not been found. In addition, CDR of mobile No.70097-22626 of respondent No.4 has also been sought to trace out the location of the PUNEET SACHDEVA 2024.08.23 15:51 I attest to the accuracy and integrity of this document Chandigarh

CRWP-7294-2024 -2accused as well as the alleged detenue, coupled with that fact that warrant of arrest have been issued on 06.08.2024 by the learned JMIC, Fazilka, against respondent No.4. Learned State counsel has also not disputed that an FIR No.42 dated 05.06.2024 under Section 363, 366-A of the IPC has been registered at Police Station Khui Khera, District Fazilka, against respondent No.4-Hasmukh Singh. 4.

In the circumstances, no ground is made out for issuance of directions as prayed for.

5.

The instant petition stands disposed of accordingly. August 23rd, 2024 (MANJARI NEHRU KAUL) Puneet JUDGE Whether speaking/reasoned :

Yes Whether reportable :

No PUNEET SACHDEVA 2024.08.23 15:51 I attest to the accuracy and integrity of this document Chandigarh