Punjab-Haryana High Court
Vijender vs State Of Haryana And Others on 10 January, 2014
Author: Tejinder Singh Dhindsa
Bench: Tejinder Singh Dhindsa
Criminal Writ Petition No. 2178 of 2013 /1/
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
Criminal Writ Petition No. 2178 of 2013
Date of Decision: January 10, 2014
Vijender .......Petitioner
Versus
State of Haryana and others .......Respondents
CORAM:- HON'BLE MR.JUSTICE TEJINDER SINGH DHINDSA
Present:
Present Mr.Shalender Mohan, Advocate
for the petitioner.
Mr.Pradeep Virk, Deputy Advocate General, Haryana.
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TEJINDER SINGH DHINDSA, J.
The instant petition has been filed under Article 226 of the Constitution of India for issuance of a writ of habeas corpus praying for the release of the alleged detenue, namely, Geeta who was stated to have been abducted by respondents 6 to 9 and had been kept in illegal custody.
During the course of hearing of the petition, this Court vide order dated 17.12.2013 had directed the Superintendent of Police, Hisar as also the Superintendent of Police, Bhiwani (respondents 2 and 3) to produce the detenue, namely, Geeta i.e. wife of the petitioner in Court on the next date of hearing.
In compliance of the directions issued by this Court, Malik Sushama Rani 2014.01.14 15:09 I attest to the accuracy and integrity of this document Criminal Writ Petition No. 2178 of 2013 /2/ the alleged detenue Geeta is present in Court and is identified by Investigating Officer Ajit Singh, Sub Inspector. She voluntarily suffers a statement that she had parted company from her husband i.e. the present petitioner at her own accord and further states that she does not want to join his company.
In view of such categoric stand taken by the lady in question, namely, Geeta, the present petition seeking the issuance of a writ of habeas corpus has been rendered infructuous and is disposed of accordingly.
It would be apposite to note that on 17.12.2013, this Court had also issued show cause to both, Superintendent of Police, Hisar and Superintendent of Police, Bhiwani as to why contempt proceedings be not initiated against them on the basis that inspite of the petitioner and his wife having approached the police authorities, due protection had not been afforded to them.
In view of the facts that the very assertion of the petitioner that the alleged detenue Geeta has been forcibly abducted and kept in illegal custody has been found to be factually incorrect, there would be no basis for this Court to initiate and continue contempt proceedings against respondents 2 and 3. The proceedings in that regard are also dropped.
Petition is, accordingly, disposed of.
( TEJINDER SINGH DHINDSA )
JANUARY 10, 2014 JUDGE
SRM
Malik Sushama Rani
2014.01.14 15:09
I attest to the accuracy and
integrity of this document