Criminal Writ Petition No.579 of 2009 [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Criminal Writ Petition No.579 of 2009 Date of Decision: 5 - 6 - 2009 Davinder Singh .....Petitioner v. State of Punjab and others .....Respondents CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.A.S.Khinda, Advocate for the petitioner. Mr.Mehardeep Singh, DAG, Punjab. Mr.Rakesh Kumar, Advocate for respondents No.4 to 7. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) The present petition has been filed under Section 226 of the Constitution of India praying for issuance of writ in the nature of habeas corpus for release of detenue Rupinder Kaur. Petitioner claim that he had married Rupinder Kaur on 2.5.2008 against the wishes of her parents. On 19.4.2009, respondents No.4 to 7 came to the house of the petitioner and assured him that Rupinder Kaur be sent with them and they will perform the marriage. In the petition, it is stated that on 19.4.2009, detenue was taken by respondents No.4 to 7. On 14.5.2009, notice of motion was issued for 23.5.2009. On Criminal Writ Petition No.579 of 2009 [2] 25.5.2009, case was adjourned to 28.5.2009, when the following order was passed:- “One Rupinder Kaur is missing. The State is least concerned whether she has been liquidated or abducted. Who has done it? How it has been done? Instead of taking this course, parties are resorting to blame game. Petitioner, who claimed himself to be husband, stated that marriage has not been accepted, therefore, Rupinder Kaur was in custody of her parents and here whereabouts are not known. A reply has been filed by respondents No.4 to 7 that Rupinder Kaur is in custody of her husband Davinder Singh and her whereabouts are not known. Dalbir Singh, Sub Inspector, is present in the Court. He has stated that inquiry has been conducted and as per his inquiry, Rupinder Kaur is not in the village of respondents No.4 to 7. At this stage, Dalbir Singh, Sub Inspector, stated that every effort will be made to produce the girl in this Court on 2.6.2009. Adjourned to 2.6.2009.” Thereafter, the case was taken up on 2.6.2009 and the following order was passed:- “Counsel for the State has filed affidavit of Bahadur Singh, PPS, DSP, Sub Division Kapurthala. Inspector Sarabjit Singh Rai is present in Court. Mr.Mehardeep Singh, DAG Punjab, on instructions from Criminal Writ Petition No.579 of 2009 [3] Inspector Sarabjit Singh Rai, has stated that three days time be granted to acquaint this Court regarding whereabouts of Rupinder Kaur, wife of the petitioner, who is missing since 19th April, 2009. Adjourned to 5th June, 2009.” Today Bahadur Singh, Deputy Superintendent of Police, Kapurthala is present in Court. He has stated that Rupinder Kaur was murdered and case FIR No.154 dated 31.5.2009 has been registered at Police Station City Kapurthala under Sections 364, 342, 120-B IPC. It is stated that Jatinder Singh brother of Rupinder Kaur and Sheetal Singh her uncle (father's younger brother) have been arrested. Arrest of respondents No.6 and 7 is sufficient to infer that it is a case of honour killing. Bahadur Singh, DSP who is present in Court has assured this Court that without fear or favour, FIR will be investigated in accordance with the provisions of law and no guilty will be spared. This Court intend, to believe and trust Bahadur Singh, Deputy Superintendent of Police. By giving assurance to this Court, he has put his credibility at stake. In view of the statement made by Bahadur Singh, Deputy Superintendent of Police, present petition is rendered infructuous. However, petitioner will be at liberty to pursue the case, if so wishes, in his capacity as complainant. ( KANWALJIT SINGH AHLUWALIA ) June 5, 2009. JUDGE RC