Crl.Misc.No. M-24600 of 2008 (O&M) [1] IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. Crl. Misc. No. M- 24600 of 2008 (O&M) Date of Decision: 21 - 1 - 2009 Mohd. Shabbir @ Sheebu .....Petitioner v. State of Punjab .....Respondent CORAM: HON'BLE MR.JUSTICE KANWALJIT SINGH AHLUWALIA *** Present: Mr.Anil Chaudhary, Advocate for the petitioner. Mr.A.S.Brar, DAG, Punjab. Mr.Anil Kumar Garg, Advocate for respondent No.2. *** KANWALJIT SINGH AHLUWALIA, J. (ORAL) Criminal Misc.No.3023 of 2009 C.M. is allowed. Applicant Mohd. Muneer Khan is permitted to be impleaded as respondent No.2. Criminal Misc.No.3024 of 2009 C.M. is allowed. Exemption granted as prayed for and reply of complainant-respondent No.2 is taken on record. Criminal Misc. No. M-24600 of 2008 The present petition has been filed under Section 438 Cr.P.C. for grant of pre-arrest bail to the petitioner in case FIR No.216 dated Crl.Misc.No. M-24600 of 2008 (O&M) [2] 3.9.2004 registered at Police station Malerkotla under Sections 363, 366, 343, 120-B IPC. The FIR has been lodged by Mohd. Muneer Khan. He has stated in the FIR that his daughter Iram Sultana has been induced by the petitioner and taken away from his lawful guardianship. In the petition, it has been stated that FIR has been registered after 9 days. Reliance has been also placed upon Nikahnama Annexure P1. It has been further stated that Iram Sultana and the petitioner had filed Civil Writ Petition No.13782 of 2004 which was treated as Criminal Misc.No.25177-M of 2005 seeking protection of their life and liberty for solemnizing their marriage according to their own will and accord. It has been also stated in the present petition that Iram Sultana was major as per voters list Annexure P5. She remained with the petitioner for 11 months as his wife and had visited to various places. Photographs have been attached as Annexure P6. In the reply filed by respondent No.2, it has been stated that after few months when custody of Iram Sultana was restored to the parents, she stated that she was under threat and administered drug, therefore, she had filed a petition in this Court as her signatures were obtained on blank papers. It is not disputed that Iram Sultana when she left with the petitioner was major and was more than 18 years. Counsel for the petitioner has stated that in the present case, cancellation report after investigation was submitted in the Court of Sub Divisional Judicial Magistrate, Malerkotla and this cancellation report was not accepted. Therefore, now the petitioner has been summoned by the Court of Sub Divisional Judicial Magistrate, Malerkotla after five years of Crl.Misc.No. M-24600 of 2008 (O&M) [3] the registration of the case. Counsel further submit that in pursuance of order passed by a Co-ordinate Bench on 23.9.2008, he has caused appearance before the Court of Sub Divisional Judicial Magistrate on 30.9.2008. Copy of the order has been produced. Same is taken on record. In view of the fact that petitioner has caused appearance before the concerned Court which was not agreeing to the cancellation report, interim bail granted to the petitioner is affirmed till conclusion of the trial. Petition is disposed off. ( KANWALJIT SINGH AHLUWALIA ) January 21, 2008. JUDGE RC