Jamil v. State Of Haryana And Others

             




 

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51. Through the instant writ of habeas corpus, as cast under Article 226 of the Constitution of India, the petitioner seeks release of his minor daughter, alleged detenu Sayima, from the illegal custody of the respondents No.4 to 9.

2. The present petition reveals that the Nikah of the alleged detenu Sayima, who is allegedly a minor, was performed with the respondent No.4, whereupon, the private respondents compelled the petitioner to send his daughter with the respondent No.4. However, since the alleged detenu Sayima is a minor, the petitioner requested the private respondents that she will be sent after she attains the age of majority. However, on 10.10.2023, the respondent No.4 and his relatives took away his daughter/alleged detenu on the pretext of leaving her back


 in the evening, but, they did not send her back.

3. At this stage, this Court deems it appropriate to, instead of straightaway issuing a writ of habeas corpus, direct the SHO concerned i.e. respondent No.3-Station House Officer, Tauru, District Nuh, to get recorded the statement of the alleged detenu Sayima, under Section 164 Cr.P.C., before the Magistrate concerned. After recording the statement of the alleged detenu Sayima, a status report be ensured to be filed before this Court positively on or before the subsequent date of hearing. In case of noncompliance of above directions, respondent No.3Station House Officer, Tauru, District Nuh, shall remain present in person on the date fixed.

4. Adjourned to 30.11.2023.6 0 !# $! 7 !#'!! 3 #   ./+88$3! !  # 5. 9!)#3  ):

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