IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 913 of 2009 Date of decision : December 3, 2009 Charan Singh Petitioner Versus State of Haryana and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Pawan Hooda, Advocate for the petitioner Mr. Pardeep Virk, DAG Haryana Mr. S.K. Verma, Advocate for respondents No. 5 and 6 NIRMALJIT KAUR, J. (ORAL)
This is a petition under Article 226 of the Constitution of India
for issuance of a writ in the nature of Habeas Corpus directing the
respondents No. 2 to 6 to produce the detenue namely Ashu w/o Charan
Singh d/o Baldev Raj.
Notice of motion was issued by this Court on 18.8.2009 and
respondents No. 5 and 6 were directed to produce Ashu wife of the
petitioner in Court on the next date of hearing. On 16.9.2009, Ashu was
not produced. More time was granted to comply with the orders. Today,
Ashu w/o Charan Singh d/o Baldev Raj is present in the Court. Her
statement has been recorded separately. She has stated that she is more
than 18 years of age and wants to stay with the petitioner and not with her
Learned counsel for respondents No. 5 and 6 objected to the
same on the ground that the marriage between the petitioner and Ms. Ashu
cannot be accepted as they are from the same village.
Crl. Writ Petition No. 913 of 2009 2
Mr. Pardeep Virk, DAG learned counsel for the State of
Haryana on instructions from ASI Raghubir Singh states that they do not
belong to the same village. Both are from separate villages adjoining each
other. It was further stated that after investigation, it was found that the
detenue is indeed married to Charan Singh and statement made by her
under Section 164 Cr.P.C. made in the Court of SDJM Meham is correct.
In view of the above and taking into consideration that Ashu
w/o Charan Singh d/o Baldev Raj is a major and has expressed her wish to
stay with the petitioner, this Court has no choice but to allow the petition
and permit Ashu w/o Charan Singh d/o Baldev Raj to accompany the
petitioner from the Court itself.
Learned counsel for respondents No. 5 and 6 on instructions
stated that there is no likelihood of any harassment or danger to the life
and liberty of the petitioner and Ms. Ashu from the respondents.
However, in order to ensure the same, ASI Raghubir Singh who is present
in the Court with respect to this case shall, escort them from the premises
of the Court till their destination.
Disposed off as above.
A copy of order be given dasti under the signatures of Reader
of this Court.
(Nirmaljit Kaur) 3.12.2009 Judge reena