Single Judge dismissed a Habeas Corpus petition filed regarding the alleged illegal detention of the petitioner's son. After examining the petition and the son, the Judge found the allegations baseless and noted the son voluntarily transferred land, dismissing the petition as an abuse of process.
Petition dismissed with a cost of Rs. 5,000.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Crl.Misc.No.M-1263 of 2010
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-1263 of 2010. Decided on: May 04, 2010.
Karam Singh
.. Petitioner
VERSUS
State of Punjab and others
.. Respondents
CORAM:
HON'BLE MR.JUSTICE M.M.S.BEDI
PRESENT
Mr.A.S.Barnala, Advocate, for the petitioner.
Mr.Abhishek Chautala, AAG, Punjab.
Mr.H.B.S.Baidwan, Advocate, for respondent Nos.5 to 8.
M.M.S. BEDI, J. (ORAL)
The petitioner through the instant Habeas Corpus petition seeks the production of his son Devinder Singh in the Court alleging that his daughter-in-law, Chhinder Kaur, has illegally detained the son of the petitioner claiming that his son is a simpleton person having been detained against his wishes.
Pursuant to the orders passed by this Court Chhinder Kaur and Devinder Singh are present in the Court.
I have examined Devinder Singh. He understands
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Crl.Misc.No.M-1263 of 2010
all the questions put to him. Despite being his simpleton nature, he has been able to answer all the questions. He has told that he has come to the Court with his wife Chhinder Kaur. He on asking of the Court informs that he has got two children out of marriage. Chhinder Kaur is also present in the Court. I am satisfied that he has not been illegally detained by Chhinder Kaur as alleged by the petitioner. Report Annexure R1, prepared by the Deputy Superintendent of Police, Bagha Purana, has been placed on record. In the said report on the basis of enquiry, it has been observed that Karam Singh has transferred his land to his son Devinder Singh voluntarily and Devinder Singh has further transferred the same to his wife Chhinder Kaur. Chhinder Kaur has sold land measuring two acres and remaining one acre has been given on lease to Nachhatar Singh which is in his cultivating possession.
It is apparent that the present petition has been filed without there being any basis. It is absolutely an abuse of process of the Court.
The petition is dismissed with a costs of Rs.5,000/(Rupees Five Thousand Only).
However, dismissal of this petition will not prejudice the rights of the petitioner to avail any other remedy available to him.
(M.M.S.BEDI) JUDGE
May 04, 2010. rka
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1 issue framed by the court
Whether the petitioner's son Devinder Singh was illegally detained by Chhinder Kaur as alleged.
Karam Singh
State of Punjab
Chhinder Kaur
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
