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2025 DAILYLAW 32847 (PNJ)

BABITA KUMARI AND ANOTHER v. STATE OF PUNJAB AND OTHERS

CRWP/2414/2025 · 2025-03-28

Sandeep Moudgil

body2025

Judgment text

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106 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-2414-2025 DECIDED ON: 28.03.2025 BABITA KUMARI AND ANOTHER .....PETITIONERS VERSUS STATE OF PUNJAB AND OTHERS .....RESPONDENTS CORAM: HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. Vinay Puri, Advocate for the petitioners. Mr. Jaspal Singh Guru, AAG Punjab Mr. Rahul Garg, Advocate for respondents No.4 to 6. SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court has been invoked under Article 226/227 of the Constitution of India seeking direction to respondents No.2 and 3 to protect the life and liberty of the petitioners at the hands of respondent Nos. 4 to 6. In compliance of the order dated 21.03.2025, short reply filed by way of an affidavit of Rishab Bhola, IPS, Assistant Commissioner of Police, North Jalandhar, is taken on record. Para 4 of the reply reads as under:- “That in order to arrest the accused Parmod Kumar police team comprising ASI Shamji Lal No.73 alongwith CT Amarjit Singh No.1139 and Lady Constable Kiranjit Kaur No.3022. was dispatched from Jalandhar to Village Darhiya Kuti PS Hardi District Bahraich, State of Uttar Pardesh on dated 19.03.2025. The assistance of the local police i.e is police officials of Police Station Hardi, District Bahraich, State of Uttar Pardesh was MEENU 2025.03.28 18:09 I attest to the accuracy and integrity of this document CRWP-2414-2025 -2- taken and the accused Parmod Kumar was arrested from Village Darhiya Kuti PS Hardi District, Bahraich State of Uttar Pardesh. The information related to the arrest of the accused Parmod Kumar was given to his family member namely Shivpal son of Samaydeen and information with regard to the arrest was duly entered vide GD No.23 dated 23.03.2025 at Police Station Hardi District, Bahraich. The accused was produced before the Ld. Magistrate Smt. Shailja Mishra, Bahraich, Uttar Pardesh, to to seek the transit remand for 5 days to bring the accused Parmod Kumar to Jalandhar. Upon arrival, he was produced before the Learned Magistrate, Jalandhar. In accordance with law and the accused has been sent to Judicial Custody vide order dated. 25.03.2025 passed by Learned JMIC Duty Magistrate, Jalandhar.” Today the petitioner No.1 namely Babita and her father i.e., respondent No.4 is present in Court. The statements of petitioner No.1 have been recorded, which reads as under:- “I voluntarily want to go with my parents namely Mr. Lachhman Sahu (father) and Ms. Manju Devi (mother), who are present in Court. The aforesaid statement of mine is without any fear, coercion or undue influence.” This Court after going through the short reply filed by the State as well as after hearing the petitioner No.1 is of the considered view that petitioner No.1 is ready and willing to go back with her father. In the light of above, no further orders are warranted in this petition and the same is disposed off accordingly. (SANDEEP MOUDGIL) 28.03.2025 JUDGE MEENU Meenu 2025.03.28 18:09 I attest to the accuracy and integrity of this document