Petitioner filed a criminal writ petition alleging his 16-year-old son was taken by police. The State replied that the minor was arrested in a FIR for theft and was in lawful custody. The court held no further directions were needed and dismissed the petition.
Petition dismissed on the ground that the minor is in lawful custody.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Writ Petition No.2425 of 2010 Date of decision: 6th January, 2011
Umria
… Petitioner
Versus
State of Haryana
… Respondent
CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA
Present: Mr. Raman B. Garg, Advocate Amicus Curiae for the petitioner.
Mr. Sandeep Singh Mann, Senior DAG, Haryana for the State.
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Present criminal writ petition was registered on the basis of a telegram received from Umria, wherein he stated that his son Mangal aged about 16 years along with one young boy Sonu alias Deepak son of Subhash has been taken away by the police of Police Station Jhinjhana, District Muzafarnagar.
Rajiv Deswal, Deputy Superintendent of Police, City Panipat has filed a reply, wherein he has stated that Mangal was arrested in case FIR No.718 dated 02.12.2010 for an offence punishable under Sections 379/356 IPC.
Since, son of the applicant Umria is in lawful custody, no directions are called for in a criminal writ petition. Hence, the present petition is hereby dismissed.
[KANWALJIT SINGH AHLUWALIA] JUDGE
January 6, 2011 rps
2 issues framed by the court
Whether directions are called for in a criminal writ petition when the petitioner's son is in lawful custody.
Whether the court should dismiss the petition on the basis that the child is in lawful custody.
1 provisions across 1 enactments
Umria
State of Haryana
KANWALJIT SINGH AHLUWALIA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
