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