Punjab-Haryana High Court
Jamila vs State Of Haryana And Others on 5 July, 2023
CRWP No. 6415 of 2023 1 2023:PHHC:084454
215 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRWP No. 6415 of 2023
Date of Decision: 05.07.2023
Jamila ...Pe oner
Versus
State of Haryana and others ...Respondents
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Amit Siwach, Advocate for
Mr. Sagar Panghal, Advocate the pe oner.
Mr. Manish Bansal, Sr. D.A.G, Haryana.
****
ANOOP CHITKARA, J.
Seeking release of her husband, the pe oner, aged 41 years has come up
before this Court by filing the present pe on for habeas corpus.
2. The pe oner's husband was stated to be a truck driver and according to the
pe oner, her husband had gone to deliver some goods to Kolkata on 11.04.2022. He had
gone with three persons, namely Saalim, Azad and Mubarik i.e. respondents No. 3, 4 and 6.
A er that, on 20.04.2022, she received a phone call from her husband that he has threat to
his life from the aforesaid persons. Subsequently, on 22.04.2022, the pe oner came to
know that the vehicle of the pe oner's husband was traced in the Kaliachak, Police Sta on
Malda, District West Bengal. The pe oner's son reached at the police sta on and got to
know that the vehicle was found at a deserted place without its driver or owner.
Subsequently, he lodged a complaint in Kaliachak police Sta on, West Bengal about
everything but no ac on was taken.
3. The concerned Deputy Superintendent of Police has filed the status report
and it would be appropriate to extract the contents men oned in paragraphs No. 4 to 8,
which reads as follows:
"4. That during the course of enquiry, it came forth that Iqbal (husband
of the pe oner) used to drive a Tata LPT 3118 vehicle bearing registra on
no. HR-73-7724 (which is in the name of his son Wajib). On 11.04.2022, the
said vehicle had gone from Chaupanki (Bhiwadi, Rajasthan) to Kolkata, with
Kamdhenu paint. Iqbal was driving the said truck. The said truck reached
Kolkata on 16.04.2022 and the goods were unloaded. Iqbal had called his son
JYOTI
2023.07.07 14:25
I attest to the accuracy and
integrity of this order/judgment.
CRWP No. 6415 of 2023 2 2023:PHHC:084454
Wajib on his mobile no. 9813865321 from his (Iqbal's) mobile no.
9991861895. Therea er, Iqbal had stayed in Kolkata ll 20.04.2022 while
wai ng for goods to be loaded. Therea er he had filled his truck with iron
saria at Durgapur (around 200 kms away from Kolkata) and le for Assam.
He had talked to his son Wajib at around 12 AM with regard to Fastag.
5. That on 21.04.2022, when the GPS loca on of the above men oned
truck was checked, the loca on was found to be of Dis . Mursidabad (West
Bengal). The said truck was found at Kaliyachak, Dis . Malda (West Bengal).
However, Iqbal could not be found. The persons namely Wajib, Azad etc. and
the person whom Iqbal had called lastly were enquired about Iqbal, however,
his loca on could not be found.
6. That therea er, a case FIR No. 565 dated 27.05.2022 u/s 363 IPC was
got registered by Wajib (son of missing person Iqbal) at P.S. Kaliyachak, Dis .
Malda (West Bengal).
7. That the respondent no. 3 to 6 i.e. Salim, Azad, Ansar and Mubarik
were also joined in the enquiry and their statements were recorded. The
respondent no. 3 Salim stated that the vehicle used to ply from Bhiwadi to
Jharkhand, Patna, Bihar and Kolkata and he was working as conductor and
his brother Ansar used to drive the vehicle, from April, Tarif used to drive the
vehicle. Now, they have sold the vehicle and Salim remains at home. Iqbal is
his uncle (mausa) in rela on. He used to converse with Iqbal from his mobile
number 7047534779 He was in remand home at Faridabad in NDPS Act case
in the month of March and April. When he came outside the jail, he came to
know 2- 3 days later that Iqbal has gone missing. Iqbal was dealing with
ganja etc. for the last many years and he was known to the persons in Bihar,
Vadodara etc. who used to deal with ganja etc. He does not know anything
else about Iqbal.
8. That the respondent no. 4 Azad re-iterated the above men oned
averments made by the respondent no. 3 Salim in his statement. The
respondent no. 6 stated that he does not know Iqbal and that he has never
met him. The statement of respondent no. 3 Salim is annexed as Annexure R-
1 and statement of respondent no. 4 Aazad is annexed as Annexure R-2 and
statement of respondent no. 5 Ansar is annexed as Annexure R-3 & statement
of respondent no. 6 Mubarik is annexed as Annexure R-4 and statement of
Wazid is annexed as Annexure R-5."
4. As per paragraph 4 of the status report, it is men oned that on 16.04.2022,
JYOTI the truck had reached Kolkata. As per the pe oner, her husband had spoken with her on
2023.07.07 14:25
20.04.2022. Thus, at that point of me, the pe oner's husband was out side the territorial
I attest to the accuracy and
integrity of this order/judgment.
CRWP No. 6415 of 2023 3 2023:PHHC:084454
jurisdic on of this Court and was in West Bengal.
5. As per paragraph 6 of the status report, an FIR No. 565 dated 27.05.2022,
under Sec on 363 IPC was registered at the instance of Wajib son of Iqbal at Police Sta on
Kaliyachak, District Malda (West Bengal).
6. Now a er a gap of 01 year and 02 months, the pe oner has come up
before this Court seeking release of her husband from the aforesaid persons. Since the
alleged detenue had last talked to the pe oner from West Bengal and a missing report
was already registered there, therefore, the present pe on in the nature of habeas corpus
is not maintainable in this Court and the present pe on is dismissed with liberty to take all
other remedies in accordance with law. All pending miscellaneous applica ons, if any, stand
disposed of.
(ANOOP CHITKARA)
JUDGE
05.07.2023
Jyo -II
Whether speaking/reasoned: Yes
Whether reportable: No.
JYOTI
2023.07.07 14:25
I attest to the accuracy and
integrity of this order/judgment.
