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High Court of Punjab and HaryanaCRWP/9741/2025disposed of

Davinder Kumar v. State Of Punjab And Others

2025-09-11Mr. Justice Sumeet Goel3 pages

CRWP No.9741 of 2025 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ***** CRWP No.9741 of 2025 Date of decision : 11.9.2025 Davinder Kumar .............Petitioner

Versus

The State of Punjab and others .......Respondents CORAM: HON'BLE MR. JUSTICE SUMEET GOEL Present: Ms. M.N. Jajoria, Advocate, for the petitioner Mr. Baljinder Singh Sra, Addl. AG, Punjab Mr. Digvijay Nagpal Advocate and Mr. Mandeep Singh, Advocate, for respondent no.4 to 9 --- SUMEET GOEL, J. (ORAL) 1.

The substantive prayer made in the petition reads thus: '(a) issue a writ in the nature of Habeas Corpus for appointment of a Warrant Officer to raid the premises of private respondent Nos. 4 to 9 and recover the detenue, namely Neetu aged 27 years, wife of the petitioner, from their illegal confinement, as respondent No.4, Ajay, in connivance with other private respondents, abducted/kidnapped the wife of the petitioner on 29.08.2025. The detenue is presently being illegally confined by respondent Nos. 4 to 9 at Malout or at some other undisclosed place. There is grave apprehension in the mind of the petitioner that the private respondents may murder the detenue, cause her physical harm, or commit any other illegal act with her.

(b) With a further prayer to appoint a Warrant Officer with a roving writ to effect search and secure the release of the detenue Neetu, wife of the petitioner, from illegal confinement wherever she may be found, and to direct the official respondents to produce the detenue before this Hon'ble Court.

CRWP No.9741 of 2025 -2- (c) With a further prayer for issuance of appropriate directions to respondent Nos. 2 and 3 to take necessary legal action against respondent Nos. 4 to 9, who abducted the detenue on 29.08.2025 at about 2:00 PM when she had gone to the Bank at Malout for depositing a sum of Rs. 70,000/- along with 4-5 tolas of gold ornaments and 20 tolas of silver ornaments.'

2.

Pursuant to the notice of motion having been issued, the alleged detenue-Neetu has been produced before this Court by SI Mohinder Singh and HC Kamaldeep Kaur from Police Station City Malout, Punjab. 3.

Compliance report by way of affidavit of Iqbal Singh Sandhu, PPS, Deputy Superintendent of Police, Sub-Division Malout, District Sri Muktsar Sahib has been filed in Court today. The same be kept on record. Vakalatnama on behalf of respondent no.4 and memo of appearance on behalf of respondents no.5 to 9 have been filed in Court. The same be kept on record.

4.

This Court, with the able assistance of learned State counsel, has interacted with the alleged detenue-Neetu. The detenue has submitted that she has not been forcibly taken away by the private respondents and does not wish to live with the petitioner-Davinder Kumar. 5.

Having heard learned counsel for the rival parties and upon perusal of the record, the prime objective behind the writ petition of habeas corpus stands fulfilled as the detenue namely Neetu has been produced before this Court and appears to be in a well state of affairs. She has stated that she is aged about 27 years. Even in the petition, it is pleaded that the detenue is aged about 27 years. 6.

The parties are at liberty to initiate such proceedings as deemed

CRWP No.9741 of 2025 -3appropriate by them in accordance with law. 7.

The petition is accordingly disposed of.

(SUMEET GOEL) JUDGE 11.9.2025 Ashwanii Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No