Maluka v. State Of Haryana And Others

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-8235-2024 Date of Decision: 24.09.2024 MALUKA

...Petitioner(s)

Vs.

STATE OF HARYANA AND OTHERS

...Respondent(s)

CORAM : HON'BLE MR. JUSTICE N.S.SHEKHAWAT Present :

Mr. Rajesh Malik, Advocate for the petitioner.

Ms. Jasleen Chahal, AAG, Haryana.

N.S.SHEKHAWAT, J. (Oral) 1.

The petitioner has filed the present petition under Section 226 of the Constitution of India with a prayer to issue a writ in the nature of Heabus Corpus for the release of minor girl namely Shivani daughter of Maluka, aged 14 years, resident of village Mohana, District Sonipat from the illegal custody of certain persons who had allegedly kidnapped her. 2.

Learned State counsel submits that the custody of Shivani alleged detenue has been handed over to her mother and at present she is in the custody of her mother. She further contends that in the present case, one FIR No.104 dated 23.08.2024 under Sections 137(2)/87 BNSS, Section 3(2) (VA) SC/ST Act and Section 65(1)/6 POCSO Act has been registeted at Police Station Mohana, Sonipat and the investigation has been handed over to SIT which headed by Rahul Dev, Assistant Commissioner of Police, City Sonipat. She has further assured the Court that the investigation shall be conducted fairly and impartially. Even the accused in the present has already been arrested by the police.

3.

In view of the statement made by the learned State counsel, nothing survives in the present petition and the present petition is accordingly disposed off.

24.09.2024 (N.S.SHEKHAWAT) M.Sikka JUDGE Whether reasoned/speaking :

Yes/No Whether reportable :

Yes/No MAMTA 2024.09.30 16:51 I attest to the accuracy and integrity of this order/judgment