Crl.Misc.No. M-24600 of 2008 (O&M) [1]
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH.
Crl. Misc. No. M- 24600 of 2008 (O&M)
Date of Decision: 21 - 1 - 2009
Mohd. Shabbir @ Sheebu .....Petitioner
v.
State of Punjab .....Respondent
CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA
***
Present: Mr.Anil Chaudhary, Advocate
for the petitioner.
Mr.A.S.Brar, DAG, Punjab.
Mr.Anil Kumar Garg, Advocate
for respondent No.2.
***
KANWALJIT SINGH AHLUWALIA, J. (ORAL)
Criminal Misc.No.3023 of 2009
C.M. is allowed. Applicant Mohd. Muneer Khan is permitted
to be impleaded as respondent No.2.
Criminal Misc.No.3024 of 2009
C.M. is allowed. Exemption granted as prayed for and reply of
complainant-respondent No.2 is taken on record.
Criminal Misc. No. M-24600 of 2008
The present petition has been filed under Section 438 Cr.P.C.
for grant of pre-arrest bail to the petitioner in case FIR No.216 dated
Crl.Misc.No. M-24600 of 2008 (O&M) [2]
3.9.2004 registered at Police station Malerkotla under Sections 363, 366,
343, 120-B IPC. The FIR has been lodged by Mohd. Muneer Khan. He has
stated in the FIR that his daughter Iram Sultana has been induced by the
petitioner and taken away from his lawful guardianship. In the petition, it
has been stated that FIR has been registered after 9 days. Reliance has been
also placed upon Nikahnama Annexure P1. It has been further stated that
Iram Sultana and the petitioner had filed Civil Writ Petition No.13782 of
2004 which was treated as Criminal Misc.No.25177-M of 2005 seeking
protection of their life and liberty for solemnizing their marriage according
to their own will and accord.
It has been also stated in the present petition that Iram Sultana
was major as per voters list Annexure P5. She remained with the petitioner
for 11 months as his wife and had visited to various places. Photographs
have been attached as Annexure P6.
In the reply filed by respondent No.2, it has been stated that
after few months when custody of Iram Sultana was restored to the parents,
she stated that she was under threat and administered drug, therefore, she
had filed a petition in this Court as her signatures were obtained on blank
papers.
It is not disputed that Iram Sultana when she left with the
petitioner was major and was more than 18 years.
Counsel for the petitioner has stated that in the present case,
cancellation report after investigation was submitted in the Court of Sub
Divisional Judicial Magistrate, Malerkotla and this cancellation report was
not accepted. Therefore, now the petitioner has been summoned by the
Court of Sub Divisional Judicial Magistrate, Malerkotla after five years of
Crl.Misc.No. M-24600 of 2008 (O&M) [3]
the registration of the case. Counsel further submit that in pursuance of
order passed by a Co-ordinate Bench on 23.9.2008, he has caused
appearance before the Court of Sub Divisional Judicial Magistrate on
30.9.2008. Copy of the order has been produced. Same is taken on record.
In view of the fact that petitioner has caused appearance before
the concerned Court which was not agreeing to the cancellation report,
interim bail granted to the petitioner is affirmed till conclusion of the trial.
Petition is disposed off.
( KANWALJIT SINGH AHLUWALIA )
January 21, 2008. JUDGE
RC