Himachal Pradesh High Court
Niranjan Singh vs State Of H.P. & Others on 3 October, 2018
Bench: Sanjay Karol, Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No.2261 of 2018 .
Decided on: 03.10.2018
Niranjan Singh ...Petitioner.
Versus
State of H.P. & others ...Respondents.
Coram
The Hon'ble Mr. Justice Sanjay Karol, Acting Chief Justice The Hon'ble Mr.Justice Sandeep Sharma, Judge Whether approved for reporting?
For the petitioner: Mr.Prashant Chaudhary and Mr.Dhairya
r Sushant, Advocates.
For the respondents: Mr.Ashok Sharma, Advocate General with
Mr.J.K. Verma, Mr.Nand Lal Thakur, Mr.Ranjan Sharma, Ms.Ritta Goswami, Additional Advocate Generals, for respondents-State.
Sanjay Karol, Acting Chief Justice (Oral) Petitioner, by the medium of this petition, has mainly prayed for the following relief.
"(i) That a writ of Habeas Corpus may be issued in favour of the petitioner, whereby, custody of Sh.Dharam Singh may be handed over to him from Sh. Parma Nand.
(ii) That a writ of Mandamus may be issued in favour of the petitioner whereby, the respondent's No.2 and 3 may be directed to file a status/investigation ::: Downloaded on - 04/10/2018 22:58:23 :::HCHP 2 report regarding handing over the custody of Shri Dharam Singh in rightful hands."
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2. Mr.J.K. Verma, learned Additional Advocate General has placed on record instructions dated 19 th September, 2018, imparted on behalf of Superintendent of Police, Mandi, which read as under:
"To The Ld. Advocate General, State of Himachal Pradesh, Shimla.
Subject: CWP No. 2261 2018-titled as Niranjan Singh Versus State of H.P. Sir, Kindly, in reference to your good office letter No.CWP No.2261/2018 dated 28-09-2018, on the subject captioned above.
In this context, it is submitted that as mentioned by the petitioner i.e. (Niranjan Singh) in the letter to hand over the custody of Sh. Dharam Singh to him. The matter was enquired through Station House Officer, Police Station Sadat, Mandi, HP. and as per the report submitted by 9H0 PS Sadar Mandi, it is intimated that during the course of enquiry it is found that a case FIR No. 208 17 dated 28-07~2017 under section 365 & 12013 of IPC was registered on the complaint of Vijay Kumar 5/ o Sh. Parmanad R/O Village Chhanwari, PO Tilli, Tehsil Sadar Mandi against Hari Singh S/O Lt. Sh. Dagu Ram village Diyari, PO Tilli, Tehsil Sadar, District Mandi, HP. (who is the nephew of Dharam Singh) for the commission of offence of kidnapping of Sh. Dharam Singh. After completion of the investigation of the case the charge sheet was prepared in the case and filed before the Ld. Trial Court JMIC Court Nofor judicial ::: Downloaded on - 04/10/2018 22:58:23 :::HCHP 3 verdict and the same is fixed on dated 06-10-2018 for COC.
It is further submitted that two public .
complaints filed by Niranjan Singh village Diyari, PO Tilli, Tehsil Sadar, District Mandi, HP bearing No. PC/CM/ 2018-44 dated 03-05-2018 from the office of Hon'ble Chief Minister of HP and PC/ DC/ 2018-112 dated 24-03-2018 from the office of Deputy Commissioner, Mandi were received in this office for further enquiry. In the applications mentioned above, the applicant Niranjan Singh made allegations to provide medical report of deceased Nagan Devi W/O Dharam Singh and retrieve his brother Dharam Singh from the clutches of Parmanand. During the course of enquiry of the complaints, the statements of Dharam Singh, Parmanand, Pradhan Gram Panchayat Tilli namely Balbir Singh, Gumati Devi, Niranjan Singh were got recorded and as per the statement given by Dharam Singh he was the permanent resident of village Diyari, PO Tilli, Tehsil Sadar, District Mandi, HP. and they were three brothers namely Dagu Ram and Niranjan Singh of which his elder brother Dagu Ram had expired about 7 years ago. He further stated that he had got married in the year 1954/ 55 with Nagan Devi at village Channwari and during their married life they did not have any issue and they both lived at Village Chaanwari along with his in laws after their marriage. That Nagan Devi has a younger sister who was married with Parmanad, who also resides at village Channwari with in laws along with her husband. Nagan Devi W/O Dharam Singh was expired in the year 2015. Dharam Singh presently resides at the house of his in laws for last 60 years and he wants to reside with his brother in law Parmanand at ::: Downloaded on - 04/10/2018 22:58:23 :::HCHP 4 village Channwari at the home of his in laws as he is well take care of there. He further stated that he did not want to leave or reside with his brother's family or any .
other person of his family. (Photocopy of statement of Dharam Singh, Parmanand, Pradhan Gram Panchayat Tilli Balbir Singh, Gumati Devi, Niranjan Singh and photocopy of enquiry report of SEC PS Sadar is enclosed herewith).
As per the report of SI 10 Police Station Sadar Mandi, the statement. of Niranjan Singh (petitioner) was recorded on dated 28-09-2018, wherein he has stated that his brother Dharam Singh is residing with Parmanand. However, Parmanand 8: his family rmembers do not allow him and his family members to meet his brother Dharam Singh, as 8: when he and his family member visits village Chhanwari. Therefore, he has filed the above petition in the Hon'ble High Court of HP to direct respondents 2 and 3 to file a status / investigation report regarding handing over the custody of Sh. Dharam Singh in rightful hands.
This is for your kind perusal as desired please."
3. Evidently, Sh. Dharam Singh has no grievance or compliant against the person with whom he is residing. Also he is not desirous of meeting the present petitioner. As such, we do not find any reason sufficient enough to interfere in the matter, save and expect that if the petitioner so desire, it shall open for him to take recourse to such remedies as are otherwise available to him, in accordance with law, for meeting Sh. Dharam Singh.
::: Downloaded on - 04/10/2018 22:58:23 :::HCHP 5With the aforesaid observations, present petition stands disposed of, so also pending application(s), if any .
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( Sanjay Karol) Acting Chief Justice ( Sandeep Sharma ) Judge October 3, 2018 ( vt ) ::: Downloaded on - 04/10/2018 22:58:23 :::HCHP