Dismissed

Ram Avtar v. State of Punjab and Ors.

Punjab & Haryana HC6 Jun 2014CRWP/788/2014

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition under Section 482 CrPC filed by a father seeking immediate release of his minor daughter who was detained for offenses under Sections 363 and 366 IPC. The detenue, aged 17 years and three months, was deemed to have reached the age of discretion and refused to return with her parents.

What did the court decide?

The writ petition was dismissed, leaving the detenue in detention.

Ram Avtar Vs State of Punjab and Ors. — Child Custody and Guardianship | Punjab & Haryana HC (2014)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Crl. Writ Petition No.788 of 2014 Date of decision: 06.06.2014

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Ram Avtar and another

..... Petitioners

Versus

State of Punjab

..... Respondent

CORAM: HON'BLE MR. JUSTICE S.S. SARON

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Present: Mr. P. S. Mirpur, Advocate for the petitioner. Mr. K. S. Pannu, Addl. AG, Punjab.

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S.S. SARON, J.

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The petition has been filed under Section 482 of the Code of Criminal Procedure for directing respondents No.1 to 3 to get the detenue Pooja Rani minor daughter of petitioner Ram Avtar released from the illegal detention of respondents No.4 to 7. Petitioner-Ram Avtar is the father of Pooja Rani. He has filed the present petition seeking release of his daughter from the illegal detention of respondents No.4 to 7. Notice of motion was issued in the case on 23.05.2014 for today and official respondents were directed to produce the detenue. Pooja Rani is present in Court. She is admittedly a minor and her age is about 17 years and three months. This Court had asked her repeatedly that being a minor she is to

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Amit Kaundal 2014.06.06 18:15 I attest to the accuracy and integrity of this document Chandigarh

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-2-

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Crl. Writ Petition No.788 of 2014

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live with her parents. However, she has stated that she does not want to go with her parents; besides, she feels threat to her life from them as they are taking steps to marry her elsewhere. Despite explaining her that she is to live with her parents till the age of majority, she is adamant and stated that she does not want to go. The parents also met the detenue outside the Court for sometime in order to convince her but she has remained resolute and determined not to go with her parents. Pooja Rani, it is stated, has passed class 8^th . She has reached the age of discretion. According to learned counsel for the State, FIR No.122 dated 02.06.2014 has been registered at Police Station, Civil Lines, Patiala against respondents No.4 and 5 for the offences punishable under Sections 363 and 366 read with Section 120-B Indian Penal Code. Therefore, in the facts and circumstances, it would be just and expedient not to force the detenue to live her parents.

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Keeping view the fact that she has reached the age of discretion, the writ petition is accordingly dismissed.

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06.06.2014 A.Kaundal

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Amit Kaundal 2014.06.06 18:15 I attest to the accuracy and integrity of this document Chandigarh

Ram Avtar v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Ram Avtar v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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