Anil Kumar v. State of Haryana & Ors.

IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Writ Petition No. 1001 of 2009 Date of decision: October 13, 2009 Anil Kumar -Petitioner Versus State of Haryana & others -Respondents Coram Hon'ble Mr. Justice Rajan Gupta Present: Mr. BS Walia, Advocate, for the petitioner. Mr. Gaurav Dhir, AAG, Haryana. Mr. NS Shekhawat, Advocate, for respondents No.3 & 4. Rajan Gupta, J.(Oral) This is a petition in the nature of habeas corpus by the petitioner, who claims himself to be husband of Partibha, alleged detenue. The petitioner has alleged that his wife is in illegal custody of respondents No. 3 & 4. A reply has been filed in Court by way of affidavit of Sub Inspector/ SHO, Police Station Civil Lines, Hisar. Referring to the said affidavit, Mr. Dhir submits that the statement of Partibha has been recorded under Section 164 cr.P.C., wherein she has stated that she is staying with her parents of her own free will. According to Mr. Dhir, Partibha, alleged detenue is present in court and has stated that she was forcibly taken by the petitioner and subjected to rape and an FIR has been registered in this regard. Mr. Dhir submits that Partibha has submitted that she would like to live with her parents. Criminal Writ Petition No. 1001 of 2009 2 Mr. Shekhawat submits that respondents No.3 & 4 are parents of the alleged detenue and as such, she cannot be said to be in their illegal detention. In view of the above, the prayer in the present petition has been rendered infructuous. The petition stands dismissed as such. October 13, 2009. 'ask' [Rajan Gupta] Judge