Criminal Misc. No. M-26929 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Misc. No. M-26929 of 2009 (O&M) Date of decision: 13.10.2009 Gurbachan Kaur .. Petitioner v. The State of Haryana .. Respondent CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL Present: Mr. Sarbjit Singh, Advocate for the petitioner. Ms. Ritu Punj, Deputy Advocate General, Haryana. Mr. Ashit Malik, Advocate for the complainant. .. Rajesh Bindal J. On 24.9.2009, while issuing notice of motion, following contentions of learned counsel for the petitioner were noticed: “Learned counsel for the petitioner submits that the only allegation against the petitioner in the FIR is that she being owner of the van, in which the daughter of the complainant was kidnapped, had connived with them in the commission of offence. The fact remains that the petitioner was not driving the van at that time and had no knowledge about the incident.” Learned counsel for the petitioner submitted that the petitioner is a widow. Her son, who has also been named in the FIR, has already been arrested along with other accused. On the other hand, learned counsel for the State submitted that there are specific allegations against the petitioner in the statement of the prosecutrix recorded under Section 161 Cr.P.C., as the petitioner had also helped her kidnapping. After hearing learned counsel for the parties, however, without opining on the merits of the controversy, still considering the fact that the petitioner is a widow lady; she has already joined the investigation; her son, who has been named in the FIR, and other accused have already been arrested and further the petitioner as such is not having any direct relation with the main accused, who wanted to kidnap the prosecutrix to solemnise marriage with her, I Criminal Misc. No. M-26929 of 2009 [2] find that custodial interrogation of the petitioner is not required. Accordingly, the interim order passed by this court on 24.9.2009 is made absolute. The petition stands disposed of. (Rajesh Bindal) Judge 13.10.2009 mk