Criminal Writ Petition No. 2682 of 2011 -1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Criminal Writ Petition No. 2682 of 2011 Date of decision : December 19, 2011 Jaswant Singh ....Petitioner versus State of Punjab and others ....Respondents Coram: Hon'ble Mr. Justice L.N. Mittal Present : Mr. Gaurave Bhayyia, Advocate, for the petitioner Mr. RS Rawat, Assistant Advocate General, Punjab for respondents no. 1 to 4 Mr. ADS Sukhija, Advocate, for respondent No. 5 L.N. Mittal, J. (Oral) Jaswant Singh has filed this Habeas Corpus petition under Article 226 of the Constitution of India alleging, inter alia, that his wife Sunita Rani has been illegally detained by respondent no. 4 ASI Manjit Singh. Learned State counsel, on instructions from ASI Harkesh Kumar as well as counsel for the complainant submitted that Sunita Rani was produced before Sub Divisional Judicial Magistrate, (SDJM), Jalalabad who ordered that she be kept in Nari Niketan at Amritsar and she has been Criminal Writ Petition No. 2682 of 2011 -2- kept in Nari Niketan. Counsel for the petitioner contended that there is no such order of Judicial Magistrate. However, counsel for the complainant has shown certified copy of order dated 28.11.2011 passed by learned SDJM, Jalalabad. The same is reproduced hereinunder:- “Statement of Sunita Rani recorded. Prosecution has placed on record photo copy of date of birth certificate and other documents. On the basis of documents produced on record it is prima facie shows that Sunita Rani is aged about 15 years and 9 months and has yet attained the age of 16 years even. As such keeping in view her welfare, she is ordered to be kept in Nari Niketan at Amritsar.” It is, thus, apparent from the aforesaid order that the petitioner is proceeding on wrong facts and has been misleading this Court. This writ petition was filed on 1.12.2011 falsely alleging that Sunita Rani is in illegal detention of respondent no. 4 ASI Manjit Singh whereas three days prior to the filing of this writ petition, the alleged detenue had been sent to Nari Niketan under order of SDJM, Jalalabad after the alleged detenue was produced in the said court. Counsel for the petitioner contended that the alleged detenue cannot be kept in Nari Niketan. However, order of SDJM in this regard has not been challenged in the instant writ petition. On the contrary, the writ has been filed patently on false facts and therefore, has to be dismissed with heavy costs. Counsel for the petitioner seeks permission to withdraw the instant writ petition. No ground for permitting the petitioner to withdraw Criminal Writ Petition No. 2682 of 2011 -3- the instant petition filed patently on false facts is made out. Accordingly, the instant writ petition is dismissed with costs of Rs 5000/-, to be deposited by the petitioner with the Registry of this Court within one month from today, failing which the case shall be listed for this purpose. ( L.N. Mittal ) December 19, 2011 Judge 'dalbir'