Kamal v. State Of Haryana And Others

CRWP No.8280 of 2023 2023:PHHC:108789

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP No. 8280 of 2023 Date of Decision: 22.08.2023 Kamal ...PeƟƟoner

Versus

State of Haryana and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Lajpat Rai Sharma, Advocate for the peƟƟoner.

Mr. Rajat Gautam, Addl. A.G. Haryana.

**** ANOOP CHITKARA, J.

The peƟƟoner, who claims to be friend of the detenue Rinki, has come up before this Court on the grounds that her friend has been detained by her mother and brother, who have confined her in their home.

2.

NoƟces served upon the official respondents No. 1 to 3 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 noƟces 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 Rinki, aged 23 years, who is allegedly confined in her parents' home and produce her before the nearest Judicial Magistrate preferably a female Judicial Magistrate. 4.

On such producƟon, the concerned Judicial Magistrate shall interact with detenue Rinki. AŌer such interacƟon, it is for the Judicial Magistrate's either to record her statement under SecƟon 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.

JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.

CRWP No.8280 of 2023 2023:PHHC:108789 5.

In case, the Judicial Magistrate finds that detenue Rinki has been opposed to live with her parents then she will send her to the peƟƟoner, and she also provide security, in case, such Magistrate so desires and such security shall be for that Ɵme period which the concerned Judicial Magistrate might deem appropriate. 6.

There would be no need for a cerƟfied copy of this order, and any Advocate for the PeƟƟoner and State can download this order and other relevant parƟculars from the official web page of this court and aƩest it to be a true copy. The concerned officer can also verify its authenƟcity and may download and use the downloaded copy for immediate use.

7.

PeƟƟon is disposed of with the aforesaid direcƟons. The peƟƟoner shall be at liberty to approach this Court again, in case, need arises. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 22.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.

JYOTI 2023.08.23 11:36 I attest to the accuracy and integrity of this order/judgment.