IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Writ Petition No. 913 of 2009 Date of decision : December 3, 2009 Charan Singh Petitioner Versus State of Haryana and others Respondents CORAM : HON'BLE MS. JUSTICE NIRMALJIT KAUR Present : Mr. Pawan Hooda, Advocate for the petitioner Mr. Pardeep Virk, DAG Haryana Mr. S.K. Verma, Advocate for respondents No. 5 and 6 NIRMALJIT KAUR, J. (ORAL) This is a petition under Article 226 of the Constitution of India for issuance of a writ in the nature of Habeas Corpus directing the respondents No. 2 to 6 to produce the detenue namely Ashu w/o Charan Singh d/o Baldev Raj. Notice of motion was issued by this Court on 18.8.2009 and respondents No. 5 and 6 were directed to produce Ashu wife of the petitioner in Court on the next date of hearing. On 16.9.2009, Ashu was not produced. More time was granted to comply with the orders. Today, Ashu w/o Charan Singh d/o Baldev Raj is present in the Court. Her statement has been recorded separately. She has stated that she is more than 18 years of age and wants to stay with the petitioner and not with her parents. Learned counsel for respondents No. 5 and 6 objected to the same on the ground that the marriage between the petitioner and Ms. Ashu cannot be accepted as they are from the same village. Crl. Writ Petition No. 913 of 2009 2 Mr. Pardeep Virk, DAG learned counsel for the State of Haryana on instructions from ASI Raghubir Singh states that they do not belong to the same village. Both are from separate villages adjoining each other. It was further stated that after investigation, it was found that the detenue is indeed married to Charan Singh and statement made by her under Section 164 Cr.P.C. made in the Court of SDJM Meham is correct. In view of the above and taking into consideration that Ashu w/o Charan Singh d/o Baldev Raj is a major and has expressed her wish to stay with the petitioner, this Court has no choice but to allow the petition and permit Ashu w/o Charan Singh d/o Baldev Raj to accompany the petitioner from the Court itself. Learned counsel for respondents No. 5 and 6 on instructions stated that there is no likelihood of any harassment or danger to the life and liberty of the petitioner and Ms. Ashu from the respondents. However, in order to ensure the same, ASI Raghubir Singh who is present in the Court with respect to this case shall, escort them from the premises of the Court till their destination. Disposed off as above. A copy of order be given dasti under the signatures of Reader of this Court. (Nirmaljit Kaur) 3.12.2009 Judge reena