High Court of Punjab and HaryanaCRWP/10151/2022disposed of

Gurmeet Singh v. State Of Punjab And Others

2023-02-23Mr. Justice Sanjay Vashisth2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRWP-10151-2022 (O&M) Decided on : 23.02.2023 Gurmeet Singh and another . . . Petitioner(s)

Versus

State of Punjab and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Rahul Bhargava, Advocate for the petitioners. Mr. Vinay Kumar Gupta, AAG, Punjab, for respondents No. 1 to 3.

Mr. Sukhwinder Singh Kainth, Advocate for respondent No. 6.

**** SANJAY VASHISTH, J. (Oral) Petitioner- Gurmeet Singh, aged about 21 years has sought issuance of a writ in the nature of habeas corpus directing the officials respondents to get detenue, namely, Parvinder Kaur d/o Karnail Singh w/o petitioner, released form the illegal custody of respondents No. 4 to 8. After issuance of notice of motion, it was noticed that already one FIR has been registered against the petitioner and statement of detenue, under Section 164 Cr.P.C. has been recorded therein. Today reply dated 23.2.2023 by way of affidavit of Sandeep Wadehra, PPS, Assistant Commissioner of Police, Industrial Area-B, Ludhiana, has been filed by learned State counsel on behalf of respondents No. 1 to 3. Same is taken on record. Registry is directed to tag the same at appropriate place.

Relevant paragraph No. 2 of the said reply says as under: "2.

That thereafter the alleged detenue came home and her Statement u/s 164 Cr.P.C. was got recorded before the Ld. Magistrate on 28.10.2022 and her Statement u/s 161 Cr.P.C. was also recorded in which the alleged detenue stated that she had gone with the present petitioner but RIYA 2023.02.27 15:13 I attest to the accuracy and integrity of this document

CRWP-10151-2022(O&M) -2there the petitioner illegally confined her in a room and two brothers-in-law and two sisters of the petitioner had threatened her. Accordingly they were nominated as accused and offence u/s 506, 120-B IPC have also been added. However, the petitioner and his four co-accused are yet to be arrested in the said FIR and further investigation is being conducted.

Thus, the alleged detenue has not been illegally confined by the private respondents and rather she is residing with them with her own sweet wish.

Hence, the present petition is liable to be dismissed on this ground alone."

In view of statement of detenue recorded under Section 164 Cr.P.C. as mentioned in the reply submitted by the State counsel, nothing survives in the present petition to decide, therefore, present petition stands disposed of.

Disposed of.

(SANJAY VASHISTH) JUDGE 23.02.2023 Riya Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No RIYA 2023.02.27 15:13 I attest to the accuracy and integrity of this document