This court disposed of a Habeas Corpus petition as infructuous after a warrant officer's report confirmed the detenue, Anjali, voluntarily accompanied her husband upon recovery from alleged illegal detention.
The petition was disposed of being infructuous as the detenue recovered voluntarily joined her husband.
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.
2023:PHHC:056487 CRWP-2902-2023 - 1 -
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
207
CRWP-2902-2023 Decided on : 21.04.2123
Vikash
. . . Petitioner(s)
Versus
State of Punjab and others
. . . Respondent(s)
CORAM: HON'BLE MR. JUSTICE SANJAY VASHISTH
PRESENT: Mr. Arun Singla, Advocate for the petitioner(s).
Mr. J.S. Arora, DAG, Punjab. ****
SANJAY VASHISTH, J. (Oral)
“ Petitioner – Vikash, aged 26 years, has filed present petition for issuance of a writ in the nature of Habeas Corpus, directing the respondents to release the detenue namely ‘Anjali’, who is illegally detained by private respondents No.4 & 5, though related as her daughter.
Learned counsel for the petitioner submits that detenue ‘Anjali’ is the legally wedded wife of the petitioner, as both of them performed their love marriage on 15.02.2023, as per Hindu rites and rituals at Shri Balaji Mandir, Village Shergarh, Tehsil Malout, Distt. Sri Muktsar Sahib.
Learned counsel for the petitioner further submits that on 20.02.2023, after taking her examination, when the detenue ‘Anjali’ was returning back to home, the private respondents forcibly took her to their house and since then, she is illegally detained by them.
Notice of motion, for 21.04.2023.
In the meantime, Registry is directed to appoint a Warrant Officer, on payment of usual charges, who will visit the
JAWALA RAM 2023.04.21 16:37 I attest to the accuracy and authenticity of this order/judgement.
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place(s) of alleged detention of detenue and if found in illegal detention, then to get her released immediately, after recording her statement.
The Warrant Officer shall submit his detailed report in that regard on or before the date fixed by this Court.”
“ The undersigned along with Sh. Vikash (petitioner) reached at Police Station City Malout, District Sri Muktsar Sahib on 30.03.2023 at about 02:25 P.M., with regard to releasing of Mrs. Anjali (wife of the petitioner), detenue mentioned in Crl. Writ Petition No.2902 of 2023 from the illegal custody of respondents No. 4 & 5. Sh.Jagdish Singh, Head Constable (Munshi) was present in the Police Station. I apprised him about the purpose of my visit. Entry was made in the Roz Namcha on Computer, vide General Diary No.032 dated 30.03.2023 (Annexure 'R-1'). Notices on behalf of respondents No.2 & 3 were received by Sh. Jagdish Singh, Head Constable (Munshi). Thereafter, the undersigned along with Sh. Vikash (petitioner) as well police party i.e. Sh. Bagga Singh, Sub Inspector and other police officials conducted raid at the residence of respondents No. 4 & 5 i.e. Street No. 1, Ravi Dass Nagar, Ward No. 14, Tehsil Malout, District Sri Muktsar Sahib, where Pardeep Kumar (respondent No. 4) & Pinky Rani (respondent No.5) were present. Mrs.Anjali (detenue) was also found in the courtyard of the said house, who has given her statement in Punjabi language at Annexure 'R-2', wherein she has stated that she is 21 years of age and had married to Sh. Vikash (Petitioner) on 15.02.2023. After the marriage, she had
JAWALA RAM 2023.04.21 16:37 I attest to the accuracy and authenticity of this order/judgement.
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gone to her father's home, so that she could give her examination of 12th class. When she had told about her marriage to her parents, her father had not allowed her to go out of the house and also threatened to kill her. She has further stated that she want to go with her husband, at her own will. Statement of Sh. Vikash (petitioner), in Hindi language, may kindly be perused at Annexure 'R-3'. In the presence of undersigned and police party, Mrs. Anjali (detenue) has gone with the petitioner. Entry was made in the Roz Namcha on Computer, vide General Diary No. 035 dated 30.03.2023 Anneuxre 'R-4'. Notices on behalf of respondents No.4 & 5 were received by Sh.Pardeep Kumar (respondent No. 4).
Hence after satisfaction of Sh. Vikash (petitioner) the undersigned proceeded back to Chandigarh.
Report is submitted for kind perusal please.
Dated: 01.04.2023 (Sukhvinder Singh) Warrant Officer Encl: - 1. Two copies of report. 2. Annexure 'R-1 to R-4'.”
(SANJAY VASHISTH) JUDGE
April 21, 2123
J.Ram
Whether speaking/reasoned: Yes/No Whether Reportable: Yes/No
JAWALA RAM 2023.04.21 16:37 I attest to the accuracy and authenticity of this order/judgement.
Vikash
State of Punjab
Pardeep Kumar
Pinky Rani
Sanjay Vashisth
As recorded by the court registry
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