Crl. W. P. No. 1549 of 2011 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Case No. : Crl. W. P. No. 1549 of 2011 Date of Decision : September 15, 2011 Ashok Kumar Soni .... Petitioner Vs. State of Haryana .... Respondent CORAM : HON'BLE MR. JUSTICE L. N. MITTAL * * * Present : None for the petitioner. Mr. Rajnish Narula, Advocate for respondents no.1 and 2 - Rajinder Kumar and Shakuntla (as mentioned in the subject of application). * * * L. N. MITTAL, J. (Oral) : Application sent by post by Ashok Kumar Soni to Hon'ble the Chief Justice of this Court has been registered as the instant criminal writ petition and listed on judicial side. It is alleged in the application that petitioner's wife Rajni has been taken away by her parents and other members of her family on 13.07.2011. Even search warrant issued by SDM under Section 97 of the Code of Criminal Procedure (in short – Cr.P.C.) did not prove fruitful as the petitioner's wife was forcibly shifted to the house of neighbour, when Crl. W. P. No. 1549 of 2011 2 the police reached the Village for search. Notice of motion was issued to respondents no.1 and 2 only (as mentioned in the subject of the application), who are parents of the alleged detenue Rajni. Respondents no.1 and 2 have today put in appearance through counsel. Reply on their behalf, filed today in Court, is taken on record, subject to all just exceptions. Notice was also ordered to be issued to the petitioner for today. Office report reveals that the petitioner has been duly served. However, none is appearing for the petitioner in spite of pass over. I have heard learned counsel for respondents no.1 and 2 and perused the case file. Respondents no.1 and 2 have alleged in the reply that respondent no.1 Rajinder Kumar had earlier filed petition under Section 97 Cr.P.C., and thereupon, production warrant was issued by Sub Divisional Magistrate (SDM), Narnaul. Pursuant thereto, alleged detenue Rajni appeared before the SDM, Narnaul and made statement Annexure R-1 inter alia to the effect that she has no concern with the petitioner Ashok Kumar and she wanted to go with her parents. Rajni has also furnished affidavit Annexure R-2 stating that she is not married with the petitioner Ashok Kumar, who is harassing her and tarnishing her image and reputation. It is also alleged in the reply that Rajni is already married with one Yashpal. Statement Annexure R-1 was made by Rajni before SDM, Crl. W. P. No. 1549 of 2011 3 Narnaul on 12.07.2011. The instant petition was sent thereafter on 27.07.2011 alleging that respondents no.1 and 2 and their other family members took away Rajni on 13.07.2011 at about 11:00 A.M. It is prima facie apparent that false averment to this effect has been made in the application by the petitioner because alleged detenue Rajni had already appeared before SDM, Narnaul on 12.07.2011 and expressed her desire to go with her parents. In view of the aforesaid, the instant writ petition is disposed of. September 15, 2011 ( L. N. MITTAL ) monika JUDGE