Balwinder Kaur v. State Of Punjab And ORS

CRWP No.10010 of 2024

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRWP No.10010 of 2024 Date of Decision: 18.10.2024 Balwinder Kaur

...Petitioner

Versus

State of Punjab and Others

...Respondents

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Varinder Singh Saini, Advocate and Mr. Amritpal Singh Maan, Advocate for the petitioner.

Mr. Akshay Kumar, AAG, Punjab.

Mr. Peeush Gagneja, Advocate for respondent No.4. **** ANOOP CHITKARA, J.

Seeking issuance of a writ in the nature of Habeas Corpus, for securing the release of detenue namely Smt. Shanti Devi (mother of petitioner) aged 86 years widow of Ram Gopal, from the illegal custody at the premises of respondent Nos.4 and 5, and to get the detenue released from the illegal custody of the respondent Nos.4 and 5, the petitioner has come up before this Court under article 226 of the Constitution of India read with section 528 of BNSS, 2023.

2.

Mr. Peeush Gagneja, Advocate has put in appearance and has filed Vakalatnama on behalf of respondent No.4 in Court today which is taken on record. 3.

Counsel for the petitioner submits that she wants to meet her mother namely Shanti Devi and private respondents are not allowing her to meet her mother and Shanti Devi is in illegal detention of respondent Nos.4 and 5. 4.

However, counsel for respondent Nos.4 & 5 submits that she is living in her residential portion and they have no link whatsoever. He further submits that in case the petitioner wants to meet her mother and mother wants to meet the petitioner, they have no problem and in case they object, the petitioner may approach the concerned police station to lodge a report in this regard. He further submits that the petitioner had earlier filed a Criminal writ petition i.e. CRWP-1464-2023 which was dismissed by the Coordinate Bench of this Court vide order dated 21.04.2023. Sonia Puri 2024.10.23 11:36 I attest to the accuracy and integrity of this document

CRWP No.10010 of 2024 5.

The present petition is disposed of with the observations that the petitioner may go for meeting to her mother and the private respondent(s) shall not create any hindrance and in case, they did so, the petitioner is at liberty to approach the concerned SHO who shall take action in accordance with law. All pending applications, if any, stand disposed. (ANOOP CHITKARA) JUDGE 18.10.2024 Sonia Puri Whether speaking/reasoned:

Yes Whether reportable:

No.

Sonia Puri 2024.10.23 11:36 I attest to the accuracy and integrity of this document