Vijay Kumar Chaudhary v. State Of Punjab And ORS

CRWP-8524-2024 1

IN THE HIGH COURT OF PUNJAB & HARYANA AT

CHANDIGARH Sr. No.240 CRWP-8524-2024 Date of decision : 25.09.2024 VIJAY KUMAR CHAUDHARY ..... Petitioner

VERSUS

STATE OF PUNJAB AND ORS ..... Respondents CORAM: HON'BLE MS. JUSTICE KIRTI SINGH

Present:

Mr. Harlove Singh Rajput, Advocate for the petitioner.

Mr. Randhir Singh Thind, DAG, Punjab.

Mr. Jashandeep Singh Bains, Advocate for the detenue-Pooja.

Mr. Satnam singh Sishodia, Advocate for respondents No.4 and 5.

***** KIRTI SINGH, J. (Oral) By way of the present petition under Article 226 of the Constitution of India prayer is for issuance a writ in the nature of Habeas Corpus for directing the official respondents No.2 and 3 to get released the detenue-Pooja (wife of the petitioner) from the illegal custody of respondents No.4 and 5.

2.

Briefly stated this petition was filed by the petitioner alleging that the alleged detenue is the wife of the petitioner and she has been illegally detained by respondents No.4 & 5 against her wishes. The petitioner made a representation dated 30.08.2024 to Commissioner of Police, Ludhiana but no action has been taken on the same. 3.

In compliance to orders dated 09.09.2024 and 16.09.2024, the KAVITA NAIN 2024.09.26 13:23 I attest to the accuracy and integrity of this document order/judgment alleged detenue was produced before this Court and vide order dated

CRWP-8524-2024 2 19.09.2024, the detenue was directed to be lodged Nari Niketan, Chandigarh.

4.

Today, the petitioner and the alleged detenue are present in the Court. In the course of hearing of the present petition, I have interacted with the detenue who has submitted that she is a major and she wishes to reside with the petitioner (husband).

5.

The alleged detenue being major is entitled to make her choice and to live wherever she wants. Accordingly the alleged detenue is ordered to be released from Nari Niketan, Sector 26 Chandigarh and the detenue shall be at liberty to go to any place whatsoever as desired by her. 6.

In view of above, the habeas corpus petition is disposed of. (KIRTI SINGH) JUDGE 25.09.2024 Kavita Whether speaking/reasoned Yes/No Whether reportable Yes/No KAVITA NAIN 2024.09.26 13:23 I attest to the accuracy and integrity of this document order/judgment