Punjab-Haryana High Court
Anari Devi vs State Of Haryana And Ors on 26 September, 2024
Author: Kirti Singh
Bench: Kirti Singh
Neutral Citation No:=2024:PHHC:128182
CRWP-6914-2024 1
292
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CRWP-6914-2024
Date of Decision: 26.09.2024
Anari Devi
...Petitioner
Versus
State of Haryana and others
...Respondents
CORAM: HON'BLE MS. JUSTICE KIRTI SINGH
Present:-. Mr. Rohan Mittal, Advocate
for the petitioner
Mr. Gaurav Bansal, DAG Haryana
*****
KIRTI SINGH, J.(Oral)
1. The present petition has been filed under Article 226 of the
Constitution of India for issuance of a writ in the nature of Habeas Corpus for a
direction to the official respondents No. 2 and 3 to search for the detenue Neelam
at the premises of private respondent No. 4 or at any other place and for
appointment of a Warrant Officer.
2. Learned counsel for the petitioner inter alia submits that the petitioner
is the mother of the detenue who is a minor girl aged 15 years. Her date of birth is
01.01.2009. The detenue has been missing since 31.05.2024 and has been
kidnapped by respondent No. 4 i.e. Deepak who has been married twice and now
wants to marry the detenue (victim). He further submits that the police has also
registered an FIR under Section 366 IPC against respondent No. 4. Learned
counsel for the petitioner has placed reliance upon judgment passed by this Court
in CRWP-5891-2020 titled as Usman Khan vs. State of Haryana and others,
decided on 14.10.2020.
3. Status report by way of an affidavit of Sh. Narender Kumar, HPS,
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Neutral Citation No:=2024:PHHC:128182
Assistant Commissioner of Police, Badkhal, Faridabad was filed wherein the
following has been stated :-
5. That the above said team also recorded the statement of Sh. Prem
Dogra, caretaker of House No. C-1, Near Govt. School Sherpur, Distt.
Ludhiana (Punjab) wherein he stated that he knows Deepak S/o
Vikram Singh. He (Prem Dogra) looks after all the rooms in the area
where Deepak lives. Deepak is tenant with them for the around last
two months. Deepak works with Sandeep Incharge at Bullet Transport
company. Deepak and his wife live happily at their place. Nobody has
held Neelam captive. She even goes to market etc. Neelam and Deepak
are living happily. Neelam was enquired by the police in his presence
as well. Neelam had told that she is a major and she is happy with
Deepak. Copy of statement of Prem Dogra is attached herewith as
Annexure R-2 for kind perusal of this Hon'ble Court.
6. That it is pertinent to mention here that the prosecutrix Neelam also
produced her Adhaar Card in which her date of birth has been
mentioned as 01.01.2005, according to which the age of Neelam is 19
years 08 months. In her above mentioned statement as well, she has
stated her age as 19 years. Copy of Adhaar Card of Neelam is
attached herewith as Annexure R-3 for kind perusal of this Hon'ble
Court.
7. That it is also mentioned here that the progress report of Neelam for
the session 2023-2024 of Bhagwan Budh Adarsh Intermediate College
Chandan Barwan, Distt. Kashinagar (U.P.) was produced by the
petitioner Anari Devi (mother of Neelam), in which her date of birth
was mentioned 01.01.2009. The said progress report was got verified
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Neutral Citation No:=2024:PHHC:128182
from the above named institute on 08.08.2024 by Sl Kailash, P.S.
Dabua, Faridabad. Sh. Manoj Vishwakarma, Principal of the said
institute stated that Neelam is not registered as per their record and
the progress report in question has not been issued by him. The
signature and stamp affixed on the progress report in question do not
pertain to his school. Neelam has not studied in their school. Thus, the
progress report having the date of birth of Neelam as 01.01.2009, has
been found to be fake."
3. During the course of hearing of the present petition, I have also
personally interacted with the detenue, who has reiterated that she is major and is
residing with respondent No. 4 at her own free will without any coercion.
4. Considering the fact that the detenue is major and is not being
abducted and illegally detained by anyone, this Court is of the view that no action
is required to be taken on the present Habeas Corpus petition and petition being
devoid of any merit and the same is dismissed.
(KIRTI SINGH)
26.09.2024 JUDGE
reena
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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