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High Court of Punjab and HaryanaCRWP/8491/2023disposed of

Harpreet Kaur v. State Of Punjab And Others

2023-12-02Mr. Justice Sanjiv Berry2 pages

N.C. No.2023:PHHC:153586

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRWP-8491-2023 (O&M) Date of decision: 02.12.2023 HARPREET KAUR ....Petitioner

Versus

STATE OF PUNJAB AND OTHERS

...Respondents

CORAM: HON'BLE MR. JUSTICE SANJIV BERRY Present :

Mr. H.S. Batth, Advocate for the petitioner.

Mr. Anmol Singh Sandhu, AAG Punjab.

***** SANJIV BERRY. J. (Oral) The present petition under Article 226 of the Constitution of India has been preferred for issuance of writ in the nature of Habeas Corpus for getting the detenue namely Kashish i.e.,minor daughter of the petitioner, released from the illegal custody of private respondent No.6.

2.

In compliance to the order dated 28.08.2023, the detenue has been produced today in the Court along with Lady Constable Gagandeep Kaur, Belt No.2289/SAS Nagar.

3.

Today, ASI Balwinder Singh, Police Station City Kharar, present in Court has submitted that FIR No.346 dated 28.11.2023 under Sections 363 and 366-A IPC at Police Station City Kharar has been registered against respondent No.6. He has further submitted that the detenue recovered by the Police has been kept in Jyoti Sarup Kanya Asra Society, Randhawa Road, Kharar under the directions of the Child Welfare Committee, SAS Nagar (Mohali) till 04.12.2023. 4.

Learned counsel for the petitioner submits that since the detenue has been recovered and is in safe custody, the petitioner will move the application SANDAL SHARMA 2023.12.04 17:33 I attest to the accuracy and authenticity of this order/judgment

N.C. No.2023:PHHC:153586 CRWP-8491-2023 (O&M) -2before the Child Welfare Committee, SAS Nagar (Mohali) for taking her custody in accordance with law and submits that the present petition be disposed of accordingly.

5.

In view of the statement, the petition stands disposed of with liberty to the petitioner to move an appropriate application before the concerned authorities for taking the legal custody of the detenue. (SANJIV BERRY) JUDGE 02.12.2023 S.Sharma(syr) Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/ No SANDAL SHARMA 2023.12.04 17:33 I attest to the accuracy and authenticity of this order/judgment