Allowed

Amit v. State of Punjab and Ors.

Punjab & Haryana HC10 Sept 2024CRWP/8779/2024

Case brief

AI extract

What is this about?

Anoop Chitkara, J. issued directions under Article 226/227 directing the State to produce the petitioner's wife, Asha Rani, before a female Judicial Magistrate for interaction and release from alleged illegal custody involving narco-anticipatory apprehension.

What did the court decide?

Directions issued to produce detenue before Judicial Magistrate, allow her to leave with petitioner or parents as per her wish, and free her from any restraint.

Amit Vs State of Punjab and Ors. — Writ and Judicial Review | Punjab & Haryana HC (2024)

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CRWP No. 8779 of 2024

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109 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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CRWP No. 8779 of 2024

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Date of Decision: 10.09.2024

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Amit ...Pe��oner

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Versus

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State of Punjab and others …Respondents

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Simranjit Singh, Advocate for the pe��oner.

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Ms. Swa� Batra, D.A.G., Punjab (through V.C.).

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ANOOP CHITKARA, J.

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Seeking issuance of appropriate direc�ons to the official respondents No.1 to 4 in the nature of Habeas Corpus to release the detenue (wife of the pe��oner) from the illegal custody of respondents No.5 to 8, the pe��oner has come up before this Court under Ar�cle 226/227 of Cons�tu�on of India.

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No�ce served upon the official respondent through State counsel. The nature of order which this Court proposes to pass, there is no necessity of calling any response from the State.

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Counsel for the pe��oner submits that the alleged detenue namely Asha Rani is married to the pe��oner. On 05.09.2024, some unknown persons came to the house of the pe��oner and forcibly took the detenue with them. Pe��oner feels reasonable apprehension that respondents No.5 to 8 have taken the detenue with them under the influence of narco�c substance.

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Given the submission of counsel for the pe��oner, respondent No.2 is directed to search out the detenue and ensure her produc�on before the Judicial Magistrate, preferably female Magistrate as early as possible who shall interact with the detenue and record her statement in accordance with law. If there is any restraint, he/she will free her from such restraint. Since the detenue is major, the concerned

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Jyoti Sharma 2024.09.11 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

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CRWP No. 8779 of 2024

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Magistrate shall allow her to go either with the pe��oner or her parents in accordance with her wishes and provide her necessary protec�on for limited travel. She will be at liberty to remain with her husband or parents as she desires.

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Pe��on stands disposed of. All pending applica�ons, if any also stands

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disposed.

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(ANOOP CHITKARA) JUDGE

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10.09.2024 Jyo� Sharma Whether speaking/reasoned: Yes Whether reportable: No.

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Jyoti Sharma 2024.09.11 10:38 I attest to the accuracy and authenticity of this order/judgment High Court, Sector 1, Chandigarh

Amit v. State of Punjab and Ors.

Case brief

What is this about?

What did the court decide?

Amit v. State of Punjab and Ors.

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

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