CRM-M-9361 of 2009 (O&M) - 1 - IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM-M-9361 of 2009 (O&M) DATE OF DECISION: 20.7.2009 **** Kawalpreet Singh . . . . Petitioner VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: Mr.Sanjeev Manrai, Advocate for the petitioner. Ms.Rajni Gupta, Addl. A.G. Punjab for the State/respondent. Mr.Chaman Lal, Advocate for the complainant. **** RAKESH KUMAR JAIN J.(ORAL) Learned counsel for the petitioner submits that the offence, if any, is committed by the husband. So far as the petitioner is concerned, he is a distant relation. He further submits that according to Section 361 of Indian Penal Code (IPC), if a female, who is below the age of 18 years and male who is below the age of 16 years is abducted from the lawful guardianship then the offence is said to have been committed. But, if the person, who takes a child from the lawful guardianship believing himself to be the father of the child, not for any immoral or unlawful purpose, then no offence is constituted. He also relies upon decision of the CRM-M-9361 of 2009 (O&M) - 2 - Supreme Court in a case “Chandrakala Menon Vs. Capt. Vipin Menon” 1993(2) RCR (Criminal) 5. Learned counsel for the petitioner submits that pursuant to the order dated 29.5.2009, petitioner has joined the investigation. Learned counsel for the State/respondent, on instructions received from HC Mahadev Singh, admits the fact as stated by the counsel for the petitioner. In view of the above, order dated 29.5.2009 is hereby made absolute. It is directed that the petitioner shall join the investigation as and when required and shall abide by the conditions as envisaged by Section 438(2) Cr.P.C. Petition is disposed of. (RAKESH KUMAR JAIN) JULY 20, 2009 JUDGE vivek