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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4013-2025 DECIDED ON: 25.04.2025 RAKESH KUMAR
.....PETITIONER VERSUS STATE OF PUNJAB AND OTHERS
.....RESPONDENTS CORAM:
HON'BLE MR. JUSTICE SANDEEP MOUDGIL Present: Mr. S.S. Sodhi, Advocate for the petitioner. Mr. Jastej Singh, DAG Punjab SANDEEP MOUDGIL, J (ORAL) The jurisdiction of this Court under Article 226 of the Constitution of India has been invoked for issuance of a Writ in the nature of Habeas Corpus for appointment of a Warrant Officer for the release of the detenues namely Sajan Devi aged about 58 years wife of Shambu Parsad Singh, Supriya Singh aged about 34 years wife of Pritam Kumar Singh, Krishna aged about 7 years daughter of Pritam Kumar Singh, Arya aged about 5 years daughter of Pritam Kumar Singh, Ishu aged about 2 years daughter of Pritam Kumar Singh, (ladies and minors) all resident Kirti Nagar, Ward No. 17, District Hoshiarpur at the premises of the respondents No. 2 and 3 or at any other place to be pointed out by the petitioner at the spot, and get the detenues released from the illegal custody of the respondents forthwith as the detenues are not involved in any case nor are wanted in any criminal case. MEENU 2025.04.28 19:39 I attest to the accuracy and integrity of this document
CRWP-4013-2025 -2- In compliance to the order dated 22.04.2025, the report dated 23.04.2025 of warrant officer has been produced in Court, which is taken on record as Mark ‘A’. Perusal of the report shows that the detenues have not been held in the unlawful custody of Respondents No. 2 and 3; rather, they have been provided with police protection due to concerns for their safety from their neighbors. The relevant extract of report is read as under:-
“Statement of petitioner (Annexure R-5) was recorded in which he had stated that habeas corpus petition had been filed on the apprehension that detenues were in the police custody at the house. But now after the statement of the detenues, I am satisfied that they have been given police protection as they fear danger at the hands of neighbors.” In the light of above, learned counsel for the petitioner prays for withdrawal of the present petition. Prayer is accepted. Dismissed as withdrawn.
(SANDEEP MOUDGIL) 25.04.2025
JUDGE Meenu Whether speaking/reasoned Yes/No Whether reportable Yes/No MEENU 2025.04.28 19:39 I attest to the accuracy and integrity of this document