Dismissed

Babuddin v. State of Haryana and Ors.

Punjab & Haryana HC5 Mar 2009CRM-M/30363/2008

Case brief

AI extract

What is this about?

Petitioner challenged an order for custody of his minor daughter via habeas corpus and quashing proceedings. Additional allegations of rape surfaced post-notice. An inquiry cleared the accused, rendering the writ infructuous regarding custody, but the daughter retains rights to pursue separate remedies.

What did the court decide?

Writ petition disposed of as infructuous; order directed to Superintendent of Police issued; Court expresses no opinion on rape allegations.

Babuddin Vs State of Haryana and Ors. — Writ and Judicial Review | Punjab & Haryana HC (2009)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Misc. No. M- 30363 of 2008 Date of Decision:- 5.3.2009

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Babuddin

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Versus State of Haryana & Ors.

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Present:- Mr. S.S.Hira, Advocate, for the petitioner.

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Mr. Rattan Brar, AAG, Haryana.

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M.M.S.BEDI. (J) (Oral)

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Petitioner is the father of Sammo @ Sabbo. Said Sabbo was sent by the Court of Sub Divisional Judicial Magistrate with police officials including a female constable on the basis of her statement made by her after she came from Nari Niketan. Through the instant petition for habeas corpus, the petitioner sought a direction that the custody of the minor daughter be provided to him and the order of Sub Divisional Judicial Magistrate, dated 4.11.2008 be quashed.

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Persuant to the notice, which was issued by this Court, Sabbo had appeared on 8.12.2008 in the Court and stated that she was staying with the petitioner and that she had been residing with her parents voluntarily. In view of the said circumstances petition had become infructuous. But intrusted feature of the present case is that Sabbo by appearing in this Court raised a new story levelling allegations that she had been raped by certain persons of her village and that the police conniving with those persons had not taken any action. A direction was issued that petitioner and Sabbo would appear before the Superintendent of Police on any dated between 11^th December to 20^th December, 2008 for getting her statement recorded and for initiation of proceedings against any culprit on the basis of inquiry to be conducted under the Supervision of the Superintendent of

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Crl. Misc. No. M- 30363 of 2008

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-2-

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Police.

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D.S.P Naveen Kumar present in Court, informs that the inquiry has already been conducted. He has placed on record the enquiry report to the effect that the persons accused of rape by the daughter of the petitioner are innocent and that on account of dispute regarding propery which is a Mandir that is place of Babu Lal Dass Ji Maharaj situated in Village Pinangwan, Tehsil-Punhana, District Gurgaon, a similar litigation is pending between the brothers of the petitioner and the Management Committee of said place.

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In view of above said circumstances, it is not necessary to issue any direction as the petitioner, as per the averments and the prayer made has become infructuous with the relief having already been achieved by the petitioner.

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This petition is disposed of as infructuous. However, in case the daughter of the petitioner has got any grievance, it will be open to her to avail legal remedies available to her in accordance with law against the persons with whom the petitioner or his daughter has any grievance. Nothing mentioned in this order will be treated as an expression of opinion regarding the allegations of the daughter of the petitioner. It will be open to her to independently pursue her remedy. Police file seen and returned.

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March 5, 2009 tripti

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(M.M.S.Bedi) Judge

Babuddin v. State of Haryana and Ors.

Case brief

What is this about?

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Babuddin v. State of Haryana and Ors.

Case brief

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