IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Writ Petition No. 288 of 2010 Date of Decision : March 15, 2010 Babu Ram ....Petitioner Versus State of Haryana .....Respondent CORAM : HON'BLE MR. JUSTICE T.P.S. MANN Present : Ms.Hem Lata Balhara, Assistant Advocate General,Haryana T.P.S. MANN, J. (Oral) Letter dated 28.1.2010 written by the petitioner and addressed to Hon'ble the Chief Justice of this Court was treated as a habeas corpus petition. According to the petitioner, his minor daughter, namely, Lado was abducted by Yogi @ Yogesh and others on 11.10.2009 and kept in illegal custody. He lodged the report to the police on the basis of which FIR for the offence of abduction was registered against Yogi and others on 14.10.2009. Subsequent thereto Yogi was arrested and the challan presented by the police against him. Said Yogi, however, by putting undue pressure upon Ms. Lado got recorded her false statement. He and others also issued threats to the petitioner and his family members. On 17.1.2010 at about 6 o'clock, the petitioner was Crl. Writ Petition No. 288 of 2010 -2- present at his house when Yogi, Bhagwan Singh, Vijay Kumar and others while armed with weapons came to his house in a vehicle and on a motor cycle and had taken away his daughter Lado forcibly from his house at gun point. They also threatened the petitioner that in case he initiated any action, he alongwith his entire family would be eliminated. Upon notice, learned State counsel has produced the reply of Hukam Singh, HPS, Additional Superintendent of Police, Palwal, which is taken on record. In para 1 of the preliminary submissions made therein, it has been stated as follows:- “That brief facts of the case are that on 14.10.2009 petitioner Babu Ram came to the Police Station Camp Palwal and gave an application regarding kidnapping of her daughter namely Lado by Yogesh @ Yogi son of Chattar Lal, Dharminder and Vikas in a car forcibly and when the petitioner made a complaint to Bijender son of Ram Chand, Vijay son of Ram Chand, Vijay Kumar son of Amar Chand, Dharamwati wife of Bijender and Pista wife of Vijay Kumar threatened the petitioner that his daughter will not be returned back and Bijender has also slapped the petitioner and also uttered some words relating to his caste on which FIR No. 431 dated 14.10.2009 under Section 363/366 IPC and 3/33/89 of the Scheduled Castes and Scheduled Tribes Act was registered in Police Station Camp Palwal and the initial investigation was conducted by replying respondent and during the investigation, on 20.10.2009 the daughter of the petitioner was Crl. Writ Petition No. 288 of 2010 -3- recovered from the possession of Yogi @ Yogesh, who was apprehended and arrested and produced before the learned Magistrate and the daughter of the petitioner refused to go with her parents' house and she preferred to go to Nari Niketan and on this the learned Duty Magistrate directed the Investigating Officer to send the daughter of the petitioner to Nari Niketan. During investigation of the case the daughter of the petitioner was also produced before the learned Illaqa Magistrate for recording her statement under Section 164 Cr.P.C. and during her statement before the learned Illaqa Magistrate she stated that she had called Yogi telephonically on 11.10.2009 at the night time at about 11/11.30 P.M. and she wanted to go from her house and want to do Court marriage with Yogi @ Yogesh on which Yogi came where called by the daughter of the petitioner and she left the house and went to Mathura and Jaipur and they stayed for 10 days at Railway Station. They also performed their marriage at Arya Samaj Mandir at Jaipur and then came back to Palwal by train on which they were caught by one uncle of Yogesh and produced before the police of Police Station Camp Palwal and on the basis of the statement made under Section 164 Cr.P.C. by Lado daughter of the petitioner, accused Yogi @ Yogesh was admitted to bail by the Court of Shri A.K.S.Panwar, learned Additional Sessions Judge, Palwal, vide order dated 15.12.2009 and released on bail on 17.12.2009 with surety bond of Rs.30,000/- from the Hon'ble Court of Shri A.K.S.Panwar, Crl. Writ Petition No. 288 of 2010 -4- learned Additional Sessions Judge, Palwal and after completion of the investigation, the investigation agency has already submitted the challan before the learned Illaqa Magistrate and after completion of the necessary formalities the case has already been committed before the Hon'ble Court of Shri A.K.S.Panwar, learned Additional Sessions Judge, Palwal and is pending for trial and fixed for 19.3.2010 as the daughter of the petitioner is minor as per school leaving certificate and her date of birth is 9.9.1993 as per school leaving certificate issued by the Principal of Senior Secondary School, Asawata. Even at the time of her medical examination at G.H.Palwal also, Lado daughter of the petitioner has stated that her age is 16 years but after releasing of Yogi @ Yogesh on bail he has again taken away the daughter of the petitioner and filed a Criminal Misc. No.M-2538 of 2010 before this Hon'ble High Court and the Hon'ble High Court vide order dated 29.10.2010 disposed of the same and its order is reproduced hereunder: CORAM: HON'BLE MR. JUSTICE AJAI LAMBA PRESENT: Mr.Tapan Kumar,Advocate, for the petitioners. AJAI LAMBA, J(Oral) The petitioners have approached this Court with the plea that they got married. Respondent Nos. 5 and 6 are now threatening the life and liberty of the petitioners. Crl. Writ Petition No. 288 of 2010 -5- This petition is disposed of with direction to the Station House Officer, Police Station, Camp Palwal that in case any application is filed by the petitioners in regard to threat to their life, the said officer shall ensure that respondent Nos.5 and 6 do not take law into their own hands. It is, however, made clear that in case any criminal case has been registered, this order shall not be construed as a protection to an offender. January 28, 2010 Sd/-AJAI LAMBA JUDGE After disposal of the Criminal Misc. No.M-2538 of 2010, no representation from Yogi or daughter of the petitioner has been received in the Police Station Camp Palwal”. In view of the stand taken on behalf of the State of Haryana, no further action is required to be taken in the present petition. The same is, accordingly, disposed of. ( T.P.S. MANN ) March 15, 2010 JUDGE ajay-1