High Court Punjab-Haryana High Court

Mangu vs State Of Haryana And Others on 15 April, 2009

Punjab-Haryana High Court
Mangu vs State Of Haryana And Others on 15 April, 2009
              In the High Court of Punjab and Haryana at Chandigarh
                                       ......


                       Criminal Writ Petition No.95 of 2009
                                       .....

                                                    Date of decision:15.4.2009


                                      Mangu
                                                                   .....Petitioner
                                           v.

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


Present:        None for the petitioner.

                Mr. Ajay Singh Ghangas, Deputy Advocate General, Haryana
                for the respondent No.1-State.

                Mr. Suresh Pal, Advocate for respondents No.2 to 4.
                                      .....

S.S. Saron, J.

On second call, no one has put in appearance on behalf of the

petitioner.

The petition has been filed for issuance of a writ in the nature

of Habeas Corpus directing respondents No.2 to 4 to produce Smt. Meena

wife of the petitioner and daughter of respondents No.2 and 3 in this Court

as she is in illegal detention of respondents No.2 to 4.

In the reply filed by Inspector Safi-U-Din, SHO, Police Station

Chandni Bagh, Panipat on behalf of respondents No.1 and 5, it is stated that

ASI Jai Singh visited the house of respondents No.2 to 4 where Mahinder

Singh (respondent No.2), father of alleged detenue Meena and other family

members met him. They got their statements recorded that no marriage of

Meena was solemnized with Mangu (petitioner) as alleged by him. They

further stated that Meena was enticed away by the petitioner and he kept her
Cr. Writ Petition No.95 of 2009
[2]

for some days with him and thereafter she fled from his custody and started

living with them. Now she had gone to the house of her grand-father,

namely, Attar Singh in Village Bhadaipur, District Muzaffarnagar (UP) and

her whereabouts were not known.

In the reply filed by respondents No.2 to 4, it is stated that

Meena is a minor and her date of birth is 5.8.1994 as per her school leaving

certificate. It is stated that the petitioner along with his relatives, namely,

Ishwar Pal, Rajinder Seth, Binder and Gangu had kidnapped the daughter of

respondents No.2 and 3 from the house of her father (respondent No.2) at

Muzaffarnagar. Respondent No.2 visited the local Police Station

Muzaffarnagar many times but the Police had not taken any action. It is

stated that respondents No.2 to 4 are labourers and they are doing their job

in Panipat. It is also stated that no marriage had taken place between the

petitioner and the daughter of respondents No.2 and 3. Even otherwise

Meena being a minor, her marriage was not permissible under the law.

Keeping in view the reply filed and also the fact that no one is

present on behalf of the petitioner on second call, it appears the petitioner is

not interested.

Dismissed.

April 15, 2009. (S.S. Saron)
Judge
*hsp*