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High Court of Punjab and HaryanaCRWP/8043/2024disposed of

Gurpreet Singh v. State Of Punjab And Others

2024-09-03Mr. Justice Kuldeep Tiwari2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-8043-2024 Date of Decision : September 03, 2024 GURPREET SINGH -PETITIONER V/S STATE OF PUNJAB AND OTHERS -RESPONDENTS

CORAM:

HON'BLE MR. JUSTICE KULDEEP TIWARI

Present:

Proxy counsel for Mr. B.S. Bhalla, Advocate for the petitioner.

Mr. Pardeep Bajaj, D.A.G., Punjab.

Mr. Joginder Pal Devgan, Advocate for the respondent No.4.

*** KULDEEP TIWARI, J. (ORAL) 1.

On 21.08.2024, this Court had passed the hereinafter extracted order upon the instant writ of habeas corpus:- "The petitioner has approached this Court, by filing the instant petition under Article 226 of the Constitution of India, for issuance of a writ in the nature of habeas corpus, directing respondent No.4, to release Navneet Kaur, wife of the petitioner, who is illegally detained by respondent No.4. Notice of motion.

Mr. Pardeep Bajaj, DAG, Punjab, waives service of notice on behalf of the respondent-State.

It is alleged in the petition that respondent No.4, has forcibly taken away the wife of the petitioner, namely Navneet Kaur on 10.08.2024, and she is now in illegal confinement of respondent No.4.

In view of the above, direction is passed upon respondent No.3- Station House Officer concerned, to locate the detenue, and thereupon, get her statement recorded under Section 183 of BNSS, before the learned Chief Judicial Magistrate/Duty Magistrate/Illaqa Magistrate concerned.

After recording the statement of detenue-Navneet Kaur, the DEVINDER YADAV 2024.09.03 17:55 I attest to the accuracy and authenticity of this order/judgment

CRWP-8043-2024 learned trial Court concerned, shall pass an appropriate order in accordance with law.

The Station House Officer concerned, is directed to file detailed status report in this regard, on or before the next date of hearing.

List on 03.09.2024.

To be shown in the urgent list."

2.

In deference to the hereinabove extracted order of this Court, today the learned State counsel has filed a status report, on affidavit of Harparkash Singh, Inspector, S.H.O., P.S. Maqboolpura, Amritsar City, which is taken on record.

3.

A perusal of the status report reveals that, consequent upon the making of the hereinabove extracted order by this Court, the S.H.O. concerned produced the alleged detenu before the learned Magistrate concerned on 27.08.2024, whereupon, the latter recorded the statement of the alleged detenue, under Section 164 Cr.P.C. On the basis of the statement suffered by the alleged detenu, the learned Magistrate concerned allowed her to join the company of the petitioner and then the S.H.O. concerned safely dropped both of them at their residence. Now, the alleged detenu and the petitioner are safely living together at the residence of the petitioner. 4.

In view of the revelations (supra) made in the status report, no further order is required to be passed upon the instant petition. Consequently, the instant petition is closed.

5.

Disposed of accordingly.

(KULDEEP TIWARI) September 03, 2024 JUDGE devinder Whether speaking/reasoned :

Yes/No Whether Reportable :

Yes/No DEVINDER YADAV 2024.09.03 17:55 I attest to the accuracy and authenticity of this order/judgment