CRWP-4337-2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND 261 Sandeep Sura State of Haryana CORAM: HON'BLE MRS. JUSTICE Present:- Mr. for the petitioner. Mrs. Sheenu Sura, DAG, Haryana. None for respondents No. 4 and 5. MANISHA BATRA, J. 1. The present petition has been filed 226 of the Constitution of Indi corpus for release of the alleged detenue, namely Jyoti, who is mother of the present petitioner, from the illegal custody of respondents No. 4 and 5. 2. Brief about 09 years, house at Bhiwani husband of the alleged detenue, h petitioner is that the alleged detenue has been illegally confined by respondents No. 4 and 5. 3. While issuing notice of motion on 29.04.2025, learned State counsel had sought time to have instructions in the matt alleged detenue same reveals that she has categorically stated that she is residing at her parental 2025 (O&M) IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH Sandeep Sura Versus Haryana and others CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Mr. Davinder Pal Singh Joura, Advocate for the petitioner. Mrs. Sheenu Sura, DAG, Haryana. None for respondents No. 4 and 5. MANISHA BATRA, J. (Oral) The present petition has been filed of the Constitution of India seeking issuance of writ in the nature of habeas release of the alleged detenue, namely Jyoti, who is mother of the present petitioner, from the illegal custody of respondents No. 4 and 5. Briefly stated facts of the case are that the petitioner about 09 years, is son of the alleged detenue, who is residing at her parental house at Bhiwani with respondents No. 4 and 5 husband of the alleged detenue, had died on 10.05.2024. petitioner is that the alleged detenue has been illegally confined by respondents While issuing notice of motion on 29.04.2025, learned State counsel had sought time to have instructions in the matt alleged detenue, recorded by the police, has been filed in Court. A perusal of the same reveals that she has categorically stated that she is residing at her parental -1- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CRWP-4337-2025 (O&M) Date of decision: 08.05.2025 ...Petitioner ...Respondents MANISHA BATRA Davinder Pal Singh Joura, Advocate Mrs. Sheenu Sura, DAG, Haryana. None for respondents No. 4 and 5. The present petition has been filed by the petitioner under Article a seeking issuance of writ in the nature of habeas release of the alleged detenue, namely Jyoti, who is mother of the present petitioner, from the illegal custody of respondents No. 4 and 5. stated facts of the case are that the petitioner, who is aged is son of the alleged detenue, who is residing at her parental with respondents No. 4 and 5. The father of the petitioner, i.e. ad died on 10.05.2024. The claim of the petitioner is that the alleged detenue has been illegally confined by respondents While issuing notice of motion on 29.04.2025, learned State counsel had sought time to have instructions in the matter. Today, the statement of the has been filed in Court. A perusal of the same reveals that she has categorically stated that she is residing at her parental 2025 (O&M) 08.05.2025 ...Respondents Article a seeking issuance of writ in the nature of habeas release of the alleged detenue, namely Jyoti, who is mother of the , who is aged is son of the alleged detenue, who is residing at her parental The father of the petitioner, i.e. The claim of the petitioner is that the alleged detenue has been illegally confined by respondents While issuing notice of motion on 29.04.2025, learned State counsel Today, the statement of the has been filed in Court. A perusal of the same reveals that she has categorically stated that she is residing at her parental MOHAMMAD WASEEM ANSARI 2025.05.09 11:03 I attest to the accuracy and integrity of this document CRWP-4337-2025 (O&M) house at Bhiwani out of her own free will and is not will matrimonial house. She has also stated that the allegations levelled in the present petition are baseless and false. 4. The petitioner has invoked jurisdiction of this Court for issuance of a writ in the nature of habeas corpus. Such writ person who had detained another to produce the detained individual in order to let the Court to know on what ground a detenue has been confined and set him at liberty if there is no legal justification for such detention comes to the conclusion that the detention is unlawful, the confinement cannot be permitted and consequently direction has to be issued to set the detenue at liberty. However, in the present case, woman, has herself stated that she is residing with respondents No. 4 and 5 out of her own free will and is reluctant to come to her matrimonial house. Hence, it cannot be said that she is in any illegal confinement. In view of the same, no case is made out to issue any writ in the nature of h no merit in the petition, the same is dismissed. 08.05.2025 Waseem Ansari Whether speaking/reasoned Whether reportable 2025 (O&M) hiwani out of her own free will and is not will matrimonial house. She has also stated that the allegations levelled in the present petition are baseless and false. The petitioner has invoked jurisdiction of this Court for issuance of a writ in the nature of habeas corpus. Such writ who had detained another to produce the detained individual in order to let the Court to know on what ground a detenue has been confined and set him at liberty if there is no legal justification for such detention comes to the conclusion that the detention is unlawful, the confinement cannot be permitted and consequently direction has to be issued to set the detenue at However, in the present case, the alleged detenue, who is a mature woman, has herself stated that she is residing with respondents No. 4 and 5 out of her own free will and is reluctant to come to her matrimonial house. Hence, it cannot be said that she is in any illegal confinement. In view of the same, no case t to issue any writ in the nature of h no merit in the petition, the same is dismissed. Whether speaking/reasoned Whether reportable -2- hiwani out of her own free will and is not willing to go to matrimonial house. She has also stated that the allegations levelled in the present The petitioner has invoked jurisdiction of this Court for issuance of a writ in the nature of habeas corpus. Such writ is primarily issued calling upon a who had detained another to produce the detained individual in order to let the Court to know on what ground a detenue has been confined and set him at liberty if there is no legal justification for such detention. When once the Court comes to the conclusion that the detention is unlawful, the confinement cannot be permitted and consequently direction has to be issued to set the detenue at the alleged detenue, who is a mature woman, has herself stated that she is residing with respondents No. 4 and 5 out of her own free will and is reluctant to come to her matrimonial house. Hence, it cannot be said that she is in any illegal confinement. In view of the same, no case t to issue any writ in the nature of habeas corpus. Accordingly, finding no merit in the petition, the same is dismissed. (MANISHA BATRA) JUDGE Yes/No Yes/No her matrimonial house. She has also stated that the allegations levelled in the present The petitioner has invoked jurisdiction of this Court for issuance of is primarily issued calling upon a who had detained another to produce the detained individual in order to let the Court to know on what ground a detenue has been confined and set him at . When once the Court comes to the conclusion that the detention is unlawful, the confinement cannot be permitted and consequently direction has to be issued to set the detenue at the alleged detenue, who is a mature woman, has herself stated that she is residing with respondents No. 4 and 5 out of her own free will and is reluctant to come to her matrimonial house. Hence, it cannot be said that she is in any illegal confinement. In view of the same, no case beas corpus. Accordingly, finding MOHAMMAD WASEEM ANSARI 2025.05.09 11:03 I attest to the accuracy and integrity of this document