High Court Punjab-Haryana High Court

Smt. Darshana And Another vs State Of Punjab And Others on 27 October, 2009

Punjab-Haryana High Court
Smt. Darshana And Another vs State Of Punjab And Others on 27 October, 2009
Criminal Writ Petition No. 1210 of 2009                 -1-

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IN THE HIGH COURT OF PUNJAB AND HARYANA
              AT CHANDIGARH
                      Criminal Writ Petition No. 1210 of 2009
                      Date of decision : 27.10.2009

Smt. Darshana and another                         .....Petitioners

                   Versus

State of Punjab and others                        ...Respondents

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CORAM : HON'BLE MR. JUSTICE S. D. ANAND

Present: Mr. Vipul Aggarwal, Advocate for the petitioners.

          Mr. B.B.S.Teji, Assistant Advocate General, Punjab
          for the respondent.

          Mr. Premjit Kalia, Advocate for respondent no.4.

S. D. ANAND, J.

In this petition, Mst. Darshana wife of Sawinder Singh

and her son Balwinder Singh have applied for the issuance of a writ,

in the nature of Habeas Corpus, directing respondent no.1 to 3 to

produce Surinder Singh who was being detained in custody by

respondent no.4.

The alleged detenue Sawinder Singh has appeared in

Court today. He is identified by his counsel Mr. Premjit Kalia.

Sawinder Singh i.e. alleged detenue informs that he is not being

detained by respondent no.4 and that he is a free man. He disowns

any relationship with petitioner no.1 Ms. Darshana (who claims to be

his wife) and petitioner no.2 Kulwinder Singh (who claims to be his

son). He verbally informs that though Mst. Darshana did marry him
Criminal Writ Petition No. 1210 of 2009 -2-

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few decades ago but deserted him and had gone over with an other

man with whom she may be presently living. He further informs that

petitioner no.2 was not born to petitioner no.1 from his loins and is,

thus, is not his son.

In any case, the present is a writ of Habeas Corpus. In

view of the categorical statement made by the alleged detenue that

he is not being detained by respondent no.4and that he is a free

man, this petition shall stand disposed of as infructuous accordingly.

October 27, 2008                                 (S. D. ANAND)
Pka                                                 JUDGE

Note: Whether to be referred to Reporter: Yes/No