Amit v. State Of Punjab And ORS

CRWP No. 8779 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No. 8779 of 2024 Date of Decision: 10.09.2024 Amit ...PeƟƟoner

Versus

State of Punjab and others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Simranjit Singh, Advocate for the peƟƟoner.

Ms. SwaƟ Batra, D.A.G., Punjab (through V.C.). **** ANOOP CHITKARA, J.

1.

Seeking issuance of appropriate direcƟons to the official respondents No.1 to 4 in the nature of Habeas Corpus to release the detenue (wife of the peƟƟoner) from the illegal custody of respondents No.5 to 8, the peƟƟoner has come up before this Court under ArƟcle 226/227 of ConsƟtuƟon of India. 2.

NoƟce served upon the official respondent through State counsel. The nature of order which this Court proposes to pass, there is no necessity of calling any response from the State.

3.

Counsel for the peƟƟoner submits that the alleged detenue namely Asha Rani is married to the peƟƟoner. On 05.09.2024, some unknown persons came to the house of the peƟƟoner and forcibly took the detenue with them. PeƟƟoner feels reasonable apprehension that respondents No.5 to 8 have taken the detenue with them under the influence of narcoƟc substance.

4.

Given the submission of counsel for the peƟƟoner, respondent No.2 is directed to search out the detenue and ensure her producƟon before the Judicial Magistrate, preferably female Magistrate as early as possible who shall interact with the detenue and record her statement in accordance with law. If there is any restraint, he/she will free her from such restraint. Since the detenue is major, the concerned Jyoti Sharma 2024.09.11 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

CRWP No. 8779 of 2024 Magistrate shall allow her to go either with the peƟƟoner or her parents in accordance with her wishes and provide her necessary protecƟon for limited travel. She will be at liberty to remain with her husband or parents as she desires. 5.

PeƟƟon stands disposed of. All pending applicaƟons, if any also stands disposed.

(ANOOP CHITKARA) JUDGE 10.09.2024 JyoƟ Sharma Whether speaking/reasoned:

Yes Whether reportable:

No.

Jyoti Sharma 2024.09.11 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh