1 IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA Cr. W.P No. 25 of 2011 Date of decision: 28.9.2011 Ajay Kumar ….Petitioner Vs. State of HP & others …Respondents. Coram: The Hon’ble Mr. Justice R.B. Misra, Judge. The Hon’ble Mr. Justice Dev Darshan Sud, Judge. Whether approved for reporting?1 For the Petitioner: Mr. K.B. Khajuria, Advocate For the Respondents No. 1 to 3: Mr. R.K. Sharma, Sr. Addl AG with Mr. Rajinder Dogra, Addl. AG. Mr. Keshav Dutt, ASI, PS. Ghumarwin. R.B. Misra, J (Oral) The petitioner has preferred the petition with the prayer that Superintendent of Police, Bilaspur, District Bilaspur, HP (respondent No.2) and Station House Officer, Ghumarwin, District Bilaspur, HP (respondent No.3) may be directed to cause the production of the wife of the petitioner. Petitioner has claimed that he was married with Shakshi Saini on 14.4.2011 and both were living peacefully 1 Whether reporter of local papers are allowed to see the judgment ? 2 as husband and wife. However, the alleged wife of the petitioner has gone to her parents, i.e. ( respondents No 4 & 5). This Court issued notice on 19.9.2011 directing the Superintendent of Police, Bilaspur to submit a report in respect of the allegations of the petitioner made in the writ petition. This Court also directed vide above said order that a responsible police official of the State of HP shall get the statement of Ms. Shakshi recorded. 2. Accordingly, an affidavit dated 27th September, 2011 of Sh. Santosh Patial, Superintend of Police, Bilaspur, District Bilaspur, HP has been filed enclosing the detailed statement of Ms. Shakshi Saini d/o Sh. Krishan Saini, r/o House no. 55, Raipur Khurd Police Station, Industrial Area Phase-1 MW Chandigarh. Statement of Ms. Shakshi reveals that in an unusual and peculiar circumstances, she was forced to marry with petitioner and was taken at different places and was kept confined also, but after getting opportunities, she escaped and took shelter to her parents. In that respect, FIR No. 77/11 was lodged by the mother of Ms. Shakshi. It appears the petitioner had preferred a Criminal Misc. Petition No. M-11180/11(Sakshi and antoher Vs. Chandigarh Administration and others) on which an order dated 15.4.2011 was passed by (Hon’ble Ms. Justice Ritu 3 Bahri), High Court of Punjab and Haryana, giving liberty to the petitioner to approach the Senior Superintendent of Police, Chandigarh for protection and for consideration of the representation of the petitioner. Accordingly, Senior . Superintendent of Police has considered the representation of the petitioner and passed a detailed order dated 19.4.2011. 3. It also appears that the said order dated 15.4.2011 was subsequently modified on 23.8.2011 by Punjab and Haryana High Court at Chandigarh in Criminal Misc No. 29301 of 2011, whereby the said Criminal Misc. petition was disposed of with liberty to the police authority to initiate proceedings in FIR No. 77 dated 7.4.2011. Surprisingly, for the reasons best known to the petitioner, the subsequent order dated 23.8.2011 of High Court of Punjab and Haryana at Chandigarh passed in Criminal Misc. Petition No. 29301/2011 was not brought before this Court in present Criminal Writ Petition No. 25/11, wherein the petitioner has prayed for production of Ms. Shakshi through Habeas Corpus petition. In our considered view, the petitioner has not come to this Court with clean hands and has suppressed a very important order passed in reference to the same issue by Punjab and Haryana High Court. The affidavit dated 27th September, 2011, submitted 4 by the Superintendent of Police, Bilaspur in reference to our order dated 19.9.2011 is giving altogether a different story. Keeping in view the facts and circumstances, suffice is to say that the petitioner does not deserve to receive any relief from this Court as he has endeavour to mislead this Court. As such, the criminal writ petition is dismissed with costs of Rs. 20,000/- The entire record certified by the official of this Registry along with affidavit dated 27th September, 2011 is to be sent to the Registrar of Punjab and Haryan High Curt and also to the Senior Superintendent of Police, Chandigarh and Station House Officer, P.S. Industrial Area, Chandigarh for reference and information. The amount, so recovered from the petitioner, is to be deposited in the account of H.P. High Court Bar Association, Shimla. Any of the observations made in this order should not be treated to affect the merits of the case of the parties. ( R.B. Misra ), J. (Dev Darshan Sud),J. 28th September,2011 (sl) 5