Charan Singh vs State Of Haryana And Others on 3 December, 2009

Punjab-Haryana High Court
Charan Singh vs State Of Haryana And Others on 3 December, 2009
 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

parents.

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
 

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