Akash Bhatti v. State Of Punjab And Others

2023:PHHC:101548

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-7823-2023 Date of Decision: 07.08.2023 Akash Bhaƫ ......... PeƟƟoner

Versus

State of Punjab and others ......... Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA Present:- Mr. Ranjeet Singh Chauhan, Advocate for the peƟƟoner.

Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J. (ORAL) The present peƟƟon has been filed under ArƟcle 226 of the ConsƟtuƟon of India for issuance of a writ in the nature of Habeas Corpus for release the detenue from the illegal custody of the private respondents.

2.

Counsel for the peƟƟoner submits that the detenue was in live-inrelaƟonship with the peƟƟoner and they were planning to marry. On 17.07.2023, private respondents i.e. her family members called her to West Bengal by saying that her mother is ill but on reaching there, she found that the story of illness of her mother was totally false. Now the peƟƟoner prayed for producƟon of detenue before this Court. Counsel for the peƟƟoner placed reliance on the judgment of the Hon'ble Apex Court in Kamala and others Versus M.R.Mohan Kumar (2018) 13 S.C.R. 505.

3.

State counsel has opposed the prayer on the ground of jurisdicƟon as well on locus of the peƟƟoner to file the present peƟƟon. 4.

Alleged detenue, who is aged about 22 years is presently at her parents house in West Bengal, there is nothing on record to show authorizaƟon by her to the peƟƟoner for filing such kind of peƟƟon nor he is in any such relaƟon which authorise him to file present peƟƟon. Furthermore, this Court cannot exercise the territorial jurisdicƟon beyond the boundaries of its own State. Facts of the case cited by the peƟƟoner are JYOTI 2023.08.08 13:45 I attest to the accuracy and integrity of this order/judgment.

CRWP-7823-2023 -22023:PHHC:101548 different and not applicable to the present case. Even peƟƟoner fails to prove on record his locus.

Given above, the present peƟton is dismissed on the ground of locus and jurisdicƟon. All pending miscellaneous applicaƟons, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 07.08.2023 JyoƟ-II Whether speaking/reasoned Yes/No Whether Reportable Yes/No JYOTI 2023.08.08 13:45 I attest to the accuracy and integrity of this order/judgment.