Gopal Singh vs State Of Himachal Pradesh & Others
2023 Latest Caselaw 17579 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                          Cr.W.P. No.12 of 2023.




                                                                        .
                                          Date of decision: 06.11.2023.





    Gopal Singh                                                   .....Petitioner.





                                    Versus
    State of Himachal Pradesh & others                          .....Respondents.
    Coram





    The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
    The Hon'ble Mr. Justice Satyen Vaidya, Judge.

    Whether approved for reporting?1 No
    For the Petitioner
                        r       :         Mr. B.S.Chauhan, Senior Advocate

                                          with    Mr.  Dinesh     Chauhan,
                                          Advocate.

    For the Respondents :                  Mr. I.N. Mehta and Mr. Yashwardhan
                                           Chauhan, Senior Additional Advocate



                                           Generals with Ms. Sharmila Patial,
                                           Additional Advocate General and Mr.
                                           J.S.Guleria,     Deputy    Advocate




                                           General, for respondent Nos. 1 to 3.

    Tarlok Singh Chauhan, Judge (Oral)

The instant petition has been filed for grant of the

following substantive relief:

"The respondent No.2 and 3 may be directed to produce the respondent No.4 & 5 in this Hon'ble Court so that fundamental right of freedom and personal liberty is protected in the facts and circumstances enumerated herein above."

Whether the reporters of the local papers may be allowed to see the Judgment?Yes

2. Vide order dated 04.11.2023, we had directed the

official-respondents to produce respondent No.5. Today, respondent

.

No.5 has been produced by ASI Virender Singh I/C P.P. Gangath,

Constable Pankaj No. 242 and Lady Constable Sunita No. 293.

3. We have interacted with respondent No.5, who has

expressed her desire to go with her parents. We have satisfied

ourselves that the desire expressed by respondent No.5 is without

any threat or coercion and, moreover, respondent No.5 is major

having been born on 29.05.2003 and in terms of judgment of the

Hon'ble Supreme Court in Lata Singh vs. State of U.P. & another

(2006) 5 SCC 475, respondent No.5 is free to reside with anyone

she likes and wherever she likes.

4. In the given facts and circumstances, the instant petition

has achieved its purpose and is disposed of accordingly. Pending

application(s), if any, also stands disposed of.

5. It is made clear that since respondent No.5 is major,

therefore, she is free to reside with anyone she likes and wherever

she likes.

(Tarlok Singh Chauhan) Judge

(Satyen Vaidya) Judge 6th November, 2023. (krt)