Dismissed

Govind Kumar v. State of Haryana and Others

Punjab & Haryana HC5 Apr 2021CRWP/2058/2021

Case brief

AI extract

What is this about?

Petitioner sought habeas corpus for alleged illegal detention of relatives in a private farmhouse. The court noted detained individuals claimed they were voluntarily residing elsewhere, rejecting the petition for illegal confinement.

What did the court decide?

Writ petition dismissed with order that no case for illegal confinement is made out as detainees stated voluntary residence.

Govind Kumar Vs State of Haryana and Others — Writ and Judicial Review | Punjab & Haryana HC (2021)

¶1

CRWP No. 2058 of 2021

¶2

-1-

¶3

In the High Court of Punjab and Haryana at Chandigarh

¶4

Criminal Writ Petition No. 2058 of 2021 Date of Decision: 05.4.2021

Govind Kumar

......Petitioner

Versus

State of Haryana and others ......Respondents

¶9

CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

¶10

Present: Mr. Aditya Partap Singh, Advocate for the petitioner.

¶11

Mr. Ashok Singh Chaudhary, Addl. A.G., Haryana.

¶12

¶13

HARNARESH SINGH GILL, J. (ORAL)

¶14

Prayer in the present petition under Article 226 of the Constitution of India is for issuance of a writ in the nature of habeas corpus directing the official respondents to get released the detenues, mentioned in para 2 of the petition, from the illegal, unlawful custody of the private respondents by appointing a Warrant Officer for the said purpose.

¶15

Status report by way of affidavit of Additional Superintendent of Police, Karnal, dated 15.3.2021, filed in the Registry, is taken on record.

¶16

Learned counsel for the petitioner submits that detenue Nos. 1, 2 and 3 are the brother, father and mother of the petitioner respectively, who have been illegally detained by respondents No. 4 and 5 in their farm house No. A-1196, near Lather House, Police Station City, Karnal, Tehsil and District Karnal (Haryana).

¶17

Vide order dated 1.3.2021, respondent No. 2-Superintendent of Police, Karnal was directed to depute a Gazetted Officer for visiting the

¶18

GURPREET SINGH 2021.04.08 17:32 I attest to the accuracy and integrity of this document Chadigarh

¶19

CRWP No. 2058 of 2021 -2-

¶20

farm house of respondents No. 4 and 5 and to make an enquiry as to whether the detenues have been illegally or forcibly detained by the said respondents.

¶21

As per the status report dated 15.3.2021, the statements of deteneues, namely, Chandi Ram and Ram Kumari, have been recorded on 3.3.2021, wherein they have specifically stated that they have not been confined by anybody and they are living in village Kehal Shikarpur, District Shamli, Uttar Pradesh. They have also stated that their son Govind Kumar (petitioner) has filed the present frivolous petition and the alleged detenue Gorav is also residing with them.

¶22

Since the alleged detenues have specifically stated that they are happily residing in their village, no case for illegal confinement is made out. The petition is dismissed.

¶23

(HARNARESH SINGH GILL) JUDGE

¶24

April 05, 2021 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

¶25

GURPREET SINGH 2021.04.08 17:32 I attest to the accuracy and integrity of this document Chadigarh

Govind Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

Govind Kumar v. State of Haryana and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Moyhd. Ashaan Khan Vs Union Territory and Others

Barkat Vs State of Haryana and Anr.

Jaswant Singh Vs State of Punjab and Ors.

Rana Sukhwinder Vs State of Punjab

Sharvan Kumar Singh Vs State of Haryana

Sarabjit Kaur Vs State of Punjab