Parwinder Singh v. State of Punjab & Ors.

CORAM: HON'BLE MR.JUSTICE RAMESHWAR SINGH MALIK Present: Mr. S.S.Rana, Advocate for the petitioner. Mr. J.S.Sandhu, AAG, Punjab. Mr. Dinesh Nagar, Advocate for respondent No.4. *** RAMESHWAR SINGH MALIK J.(ORAL): The petitioner has approached this Court, by way of instant petition under Article 226 of the Constitution of India, seeking a writ in the nature of Habeas Corpus directing the official respondents to produce the alleged detenue-Amandeep Kaur wife of the petitioner, who was being illegally detained by respondent No. 4. Notice of motion was issued and Warrant Officer was appointed, vide order dated 14.8.2012. In compliance of the order dated 14.8.2012, Warrant Officer has submitted his report dated 18.8.2012. Report dated 18.8.2012 submitted by the Warrant Officer, reads as under:- “For compliance of the orders dated 14.8.2012 passed by Hon'ble High Court, I took help from Police Station Balachaur, District SBS Nagar vide DDR No. 36 dated

17.8.2012 at 5:55 p.m., and in the company of police Criminal Writ Petition No. 1473 of 2012 2 party headed by S.I.Gumukh Singh, Police Station Balachaur, District SBS Nagar we reached the house of Manjit Kaur respondent No.4 situated in the area of village Jainpur under the jurisdiction of Police Station Balachaur. Manjit Kaur respondent No.4 was present in her house at that time to whom I disclosed my identity and purpose of the visit. At the asking of Manjit kaur, respondent No.4, few persons including Lambardar etc. gathered in her house within few minutes. Thereafter, on enquiry Manjit Kaur, respondent No.4 stated before me that the marriage of her daughter Amandep Kaur was solemnized with Parwinder Singh- petitioner in the year 2008 and at present her daughter is in Cyprus for studies for the last 1½ years. She further states before me that Parwinder Singh, petitioner is free to take her daughter along with after she returns back after completing her studies and she also got recorded her statement in this regard which is annexed as annexure 'A'. Manjit Kaur respondent No.4 received her summons and summons on behalf of respondent No.2 and 3 were received by A.M.H.C. Som Nath No.304. SBS Nagar, copies of summons duly served are also annexed herewith for kind perusal and record.” A bare reading of the above said report shows that the alleged detenue has gone to Cyprus for studies since the last 1½ years. It has been stated by respondent No.4 before the Warrant Officer, that petitioner will be free to take Amandeep Kaur along with him, once she returns after Criminal Writ Petition No. 1473 of 2012 3 completing her studies. Respondent No. 4 also suffered a statement to this effect, which is annexed as Annexure A with the report of the Warrant Officer. Faced with the above said situation, learned counsel for the petitioner fairly states that in view of the report of the Warrant Officer, present petition does not survive and the same may be disposed of as having been rendered infrucutuous. In view of the above statements made by learned counsel for the parties and also in view of the report dated 18.8.2012 submitted by the Warrant Officer, the instant petition is ordered to be disposed of as having been rendered infructuous.

22.8.2012 AK Sharma (RAMESHWAR SINGH MALIK) JUDGE